In re J.S. CA3

BACKGROUND

On February 26, 2021, the Department filed a nondetaining petition alleging that minor came within the provision of section 300, subdivision (b)(1), failure to protect. The Department asked father as well as minor’s mother, A.V., about possible Native American ancestry. Father provided a Parental Notification of Indian Status (ICWA-020) form, denying any such ancestry. Mother provided the form with respect to a half sibling of minor, also denying Native American heritage. At the detention hearing, the juvenile court inquired of both parents regarding possible Native American ancestry, which they denied. The court then found that there was no reason to believe that minor was an Indian child within the meaning of the ICWA. Minor was released to mother following the initial detention hearing. After a subsequent referral, minor was placed into protective custody. The Department filed a supplemental petition regarding minor under section 387. Over the course of the dependency case, the Department did not make any inquiry of extended maternal or paternal relatives about any potential Native American heritage, including a number of relatives that the Department knew of and…