In re R.K. CA2/5
The juvenile court assumed dependency jurisdiction over four-month-old R.K. (Minor) when her parents, M.J. (Mother) and E.K. (Father), pled no contest to allegations that Minor was endangered by her parents’ history of substance abuse and domestic violence, and by Mother’s mental health issues. The court found Minor was not an Indian child under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and related California law.
At a later contested review hearing, the juvenile court found Minor’s return to Father’s care would be detrimental and released Minor into Mother’s custody. Father appealed and argued, among other things, the Los Angeles County Department of Children and Family Services (the Department) failed to satisfy its inquiry and notice obligations under ICWA.
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