In re A.G. CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Because the issue on appeal is limited to ICWA compliance, we need not set forth a detailed recitation of the underlying facts and procedure. It is sufficient to say that on December 26, 2021, the San Joaquin County Human Services Agency (Agency) sought a protective custody warrant and thereafter, filed a petition alleging that the newborn minor came within the provision of section 300, subdivision (b)(1), failure to protect, and subdivision (j), abuse of a sibling, based on both mother and the newborn minor, E.G., testing positive for amphetamines at the time of E.G.’s birth. Mother had previously tested positive for amphetamines at the time of L.G.’s birth in June 2020, and she failed to obtain prenatal care during her pregnancy with E.G. The detention report showed that the investigating social worker asked the parents about possible Native American ancestry prior to the filing of the section 300 petition. The Agency filed Indian Child Inquiry Attachment (ICWA-010) forms, reporting a social worker spoke with father, W.G., and mother about whether the minor had any Native American ancestry, and the inquiry gave the social worker no reason to…