In re N.W. CA3

BACKGROUND

A section 300 petition was filed on behalf of the minors in November 2020 following a failed safety plan. The detention report reflected that mother indicated she did not have any Indian ancestry and father indicated he had “Oklahoma Cherokee” heritage through his maternal grandmother. The social worker completed an ICWA-10 form and stated that ICWA notices would be sent. Neither parent appeared at the November 2020 detention hearing. The minors were ordered detained from parental custody and were placed in the home of T., a paternal relative. The parents attended the jurisdiction hearing on December 1, 2020, and were appointed counsel. The juvenile court inquired about possible Indian ancestry. Mother stated she did not have any Indian ancestry and father stated that, on his maternal side, his grandmother’s mother was “Cherokee Indian out of Oklahoma, but she passed away” and her husband had remarried. The juvenile court directed father to provide that information to the Agency and the jurisdiction hearing was continued. On December 8, 2020, the Agency filed ICWA-20 forms that had been completed and signed by the parents on October 16, 2020. On the forms, mother…