In re E.V. CA5
On March 23, 2021, the agency filed a petition on behalf of E.V. pursuant to section 300, subdivision (b)(1), alleging he was at substantial risk of suffering serious physical harm or illness due to the parents’ substance abuse problems. Eliseo V. (father) was listed as E.V.’s presumed father. The petition included an Indian Child Inquiry Attachment (ICWA-010(A)) form indicating the social worker asked mother and father about Indian ancestry and they gave him no reason to believe E.V. was or could be an Indian child. The parents also completed Parental Notification of Indian Status (ICWA 020) forms indicating they did not have Indian ancestry.
The detention report stated ICWA may not apply as both parents reported they did not have Indian ancestry.
On March 24, 2021, at the detention hearing, the juvenile court stated it received the parents’ ICWA-020 forms and found ICWA did not apply.
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