In re A.C. CA2/2

FACTS AND PROCEDURAL BACKGROUND2

On December 7, 2017, DCFS opened an investigation into the family after father and mother reportedly got into a physical altercation. Neither parent appeared before the juvenile court until a year later. On December 31, 2018, father filed an ICWA-020 form stating that he might have Indian ancestry, and subsequently claimed that his “paternal great-great grandmother” was Apache. He identified his brother (paternal uncle) and sister (paternal aunt) as potential sources of information about his family. On January 2, 2019, mother made her first appearance, filed an ICWA-020 form stating that she had Indian ancestry, and claimed that her grandmother (maternal great-grandmother) was “Apache.” The juvenile court ordered DCFS to investigate both parents’ claims. When DCFS followed up with mother, she informed it that maternal great-grandmother had died in January 2017. Mother claimed that maternal great-grandmother was “a registered Apache Indian,” but admitted that mother “did not know the actual tribe.” DCFS was able to interview paternal aunt and paternal uncle. Both initially denied having any additional information

2 Because ICWA error is the…