In re R.C. CA3
Because the issues on appeal concern ICWA compliance, we limit our factual and procedural recitation to that issue.
In August 2019, the Agency filed a section 300 petition on behalf of the minor (born in October 2018). In the August 2019 detention report, the Agency advised the juvenile court there was no reason to believe the minor is or may be an Indian child. The Agency also reported that paternal grandmother was willing to care for the minor. That same month, mother submitted the “Parental Notification of Indian Status” form (ICWA-020) and checked the box stating she had no known Indian heritage.
During the August 2019, detention hearing, the court asked mother whether she had Indian ancestry, and she responded, “No.” Father, who was incarcerated, was not present during the hearing. The court ordered that the minor be detained.
Since father was incarcerated, the Agency mailed him the ICWA-020 form with detailed completion instructions.
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