In re V.G. CA3

Filed 1/17/25 In re V.G. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

In re V.G., a Person Coming Under the Juvenile Court C100833 Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. AGENCY, STKJDDP20220000079)

Plaintiff and Respondent,

v.

C.G.,

Defendant and Appellant.

Appellant C.G. (father), father of the minor, appeals from the juvenile court’s order terminating parental rights and freeing the minor for adoption. (Welf. & Inst. Code,1 §§ 366.26, 395.) Father claims the San Joaquin County Human Services Agency (Agency) failed to fulfill its duties of inquiry and notice as required by the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.), and the juvenile court abused its discretion when it failed to make any findings regarding the applicability of the ICWA. The Agency concedes the lack of an ICWA finding by the juvenile court. We will

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

conditionally reverse the juvenile court’s orders and remand the matter for further proceedings related to the ICWA. BACKGROUND Because the issues on appeal are limited to compliance with the ICWA, we dispense with a detailed recitation of the underlying facts and procedural history. In February 2022, the Agency detained the minor V.G. (then a newborn) and her half sibling A.T.2 (then nine years old) and filed a dependency petition pursuant to section 300, subdivisions (b) and (g). At that time, mother A.R. (mother) stated she had no known Indian ancestry and no knowledge of any family member with Indian ancestry.3 Father had not yet been interviewed, as he was being held in county jail on felony charges. The Agency reported there was no reason to believe the minor was an Indian child on mother’s side and it was unknown whether the minor was an Indian child on father’s side. Mother and father were both present at the February 24, 2022, detention hearing. The juvenile court asked both parents about possible Indian ancestry; both parents denied having knowledge of any such heritage. Mother’s counsel provided the court with the name and telephone number of maternal aunt J.R. The minute order filed after the hearing stated, “NO ICWA has been found.” Mother subsequently completed a parental notification of Indian status form (ICWA-020) confirming she had no known Indian heritage. The social worker exchanged correspondence with father, who was incarcerated in state prison, regarding father’s completion of a paternity test, an ICWA-020 form, and a family background interview. Father completed the paternity test and, on May 25, 2022,