In re A.S. CA1/4

Filed 3/21/25 In re A.S. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re A.S. et al., Persons Coming Under the Juvenile Court Law.

SONOMA COUNTY HUMAN A171549 SERVICES DEPARTMENT, (Sonoma County Plaintiff and Respondent, Super. Ct. Nos. DEP6709, v. DEP6710, DEP6711, DEP6712) R.S., Defendant and Appellant.

In this dependency proceeding involving four siblings (collectively, the Children), the juvenile court terminated the parental rights of the Children’s parents, G.D. (Mother) and R.S. (Father), at a hearing under Welfare and Institutions Code section 366.261 and selected adoption as the permanent plan for the Children. On appeal, Father contends this court should conditionally reverse and remand for the Sonoma County Human Services Department (the Department) to provide the juvenile court with documentation pertaining to notices that were sent pursuant to the Indian

1 Undesignated statutory references are to the Welfare and Institutions

Code.

1

Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.; ICWA) and related California law, so the court can determine whether ICWA applies. The Department concedes a conditional reversal is appropriate, and we agree. We will conditionally reverse the juvenile court’s order and remand for compliance with ICWA. I. BACKGROUND On October 19, 2022, the Department filed a section 300 petition alleging the Children fell within the jurisdiction of the juvenile court based on the unsafe and unsanitary condition of the family home, as well as the parents’ verbal arguments and alcohol abuse. The Children had been removed from parental custody and placed in foster care. As to ICWA, the Department attached to the petition a form for each child (Judicial Council form ICWA-010(A)) stating that a social worker had spoken with the parents, and that these inquiries provided no reason to believe the child was an Indian child. But another checked box on the form states the Department “contacted the tribe(s) that the child may be affiliated with and worked with them to establish whether the child is a member or eligible for membership in the tribe(s).” The form states that information about these contacts is attached, but no additional attachments are included. After a detention hearing on October 20, 2022, the court ordered that the Children remain out of parental custody. In a report for the hearing, the Department stated Father had reported that he is eligible to enroll in the Chumash tribe and another tribe whose name he did not know how to spell or pronounce, and that his father (the Children’s paternal grandfather) had a roll number. At the detention hearing, Father completed a “parental notification of Indian status” form (Judicial Council form ICWA-020) stating he may be a member or eligible for membership in the Chumash and