In re M.W. CA3

I. BACKGROUND

On February 16, 2022, the Department filed a petition alleging that the minor came within the provision of section 300, subdivision (b)(1), failure to protect. The Department asked the parents about possible Native American ancestry, and mother initially denied any such ancestry. However, father provided Parental Notification of Indian Status (ICWA-020) forms, stating he had Cherokee ancestry. At the detention hearing, the juvenile court found that there was reason to believe the minor was an Indian child within the meaning of the ICWA and directed the Department to conduct further inquiry. The Department inquired with the maternal grandmother and maternal uncle, who both reported possible Blackfeet ancestry. The Department made one attempt to contact two additional maternal relatives but was unsuccessful. Although the Department did make an inquiry with the Blackfeet tribe, the letter did not include the maternal grandparents’ respective dates and places of birth. Additionally, the record does not disclose whether the Department made any effort to contact any paternal relatives regarding father’s claim of Cherokee ancestry. Thus, the Department made an informal…