In re K.E. CA3

I. BACKGROUND

Because the issue on appeal is limited to compliance with the ICWA, we dispense with a detailed recitation of the underlying facts and procedure. In March 2021, the minor, then nine years old, was removed from mother’s custody due to mother’s substance abuse. The Department filed a dependency petition on behalf of the minor pursuant to section 300, subdivisions (b) and (j), alleging, among other things, prior dependency proceedings involving minor’s half siblings, who were freed for adoption after mother’s parental rights were terminated. At the time the petition was filed, the Department reported it had inquired of mother about possible Indian heritage and had reason to believe the minor may be an Indian child with the “Chippewa Tribe possible Black Lake Tribe from Michigan.” While mother denied Indian heritage and confirmed her denial in her parental notification of Indian status form (ICWA-020), she indicated the possible Indian ancestry flowed through the minor’s father, R.E. (father). According to a 2019 disposition hearing report from a prior dependency involving the parents, father told a social worker that the minor’s paternal great-grandmother M.E. was a…