In re D.M. CA4/2

BACKGROUND

In October 2020, the Los Angeles County Department of Child and Family

Services (DCFS) took the children into protective custody under exigent circumstances,

placed them with their presumed father, and filed a juvenile dependency petition alleging

the children came within subdivision (b)(1) of section 300.

The petition included Indian Child Inquiry attachments stating the children may

have Indian ancestry. On the first day of the detention hearing, father filed a Judicial

Council Forms, form ICWA-020, indicating the children have Cherokee ancestry, and

provided the name and telephone number of the paternal grandmother. The court ordered

DCFS to investigate father’s claim, specifically directing DCFS to follow up with the

paternal grandmother, father, and “all appropriate relatives.” It also directed DCFS to

“send out proper ICWA notices,” even though DCFS requested it not be required to

perform that task because the children were being released to a parent.

All further statutory references are to the Welfare and Institutions Code unless otherwise designated. References to rules are to California Rules of Court.

2 When the hearing resumed three days…