In re G.M. CA4/2

BACKGROUND

In October 2021, DPSS obtained protective custody warrants to remove N.M.-H.,

R.M.-H., and G.M. from their parents’ custody. Two days later, DPSS filed a petition

under Welfare and Institutions Code section 300. (Unlabeled statutory references are to

the Welfare and Institutions Code.) DPSS attached ICWA-010 forms for each of the

three children, indicating that DPSS had inquired of Mother and Father regarding their

ancestry, and the inquiry gave no reason to believe that the children are or may be Indian

children.

In its detention report, DPSS recommended that the juvenile court detain the

children and find that ICWA did not apply. Mother and Father were present at the

detention hearing in November 2021, along with maternal great-aunt, maternal uncle, and

a maternal cousin. The court stated that both Mother and Father had filed ICWA-020

“[B]ecause ICWA uses the term ‘Indian,’ we do the same for consistency, even though we recognize that other terms, such as ‘Native American’ or ‘indigenous,’ are preferred by many.” (In re Benjamin M. (2021) 70 Cal.App.5th 735, 739, fn. 1 (Benjamin M.).) 2 forms and that neither parent was aware of any Indian…