In re D.V. CA2/5
Because the sole issue raised in mother’s and father’s respective appeals is ICWA compliance, we focus primarily on the facts and procedural background relevant to that issue. In June 2018, the Department filed a petition under section 300, alleging minor and her older half-sister were dependents, based on mother’s and father’s domestic violence, substance use and abuse, and mental and emotional problems. Mother told a social worker she had no knowledge of any Indian ancestry, and both parents filed ICWA-020 forms stating that they had no Indian ancestry as far as they knew. Also in response to questioning from the court at each of their first appearances, both parents verbally denied any knowledge of Indian ancestry. On July 20, 2018, the court found no reason to know ICWA applied.
During its investigation, the Department interviewed a maternal aunt and a paternal aunt, but did not ask either whether they had any information about possible Indian ancestry of the minor.
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