In re A.H. CA3

BACKGROUND

On February 22, 2021, the Department obtained a protective custody warrant and filed a petition alleging that the minor came within the provision of section 300, subdivision (b)(1), failure to protect, based on domestic violence in the home of Al.H. (father), who had sole legal and physical custody of the minor and his sibling.2 Attached to the petition was an Indian child inquiry (ICWA-010) form indicating that when the Department asked father about Native American ancestry, father indicated he had no reason to believe there was any such ancestry. The juvenile court vacated the protective custody warrant and temporarily detained the minor, but later returned the minor to father’s custody. Father and mother both said they had no Native American ancestry. On March 2, 2021, the juvenile court asked both parents about Native American ancestry and noted that the parents said they had no such ancestry. They each provided parental notification of Indian status (ICWA-020) forms confirming their denial of Native American ancestry. The juvenile court found there was no reason to know or believe the minor was an Indian child within the meaning of the ICWA. The juvenile court did…