In re Omar H. CA2/2

Filed 2/18/15 In re Omar H. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re OMAR H., a Person Coming Under B257871 the Juvenile Court Law. (Los Angeles County Super. Ct. No. DK04383) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent.

v.

OMAR H.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Marguerite D. Downing, Judge. Reversed and remanded.

Grace Clark, under appointment by the Court of Appeal, for Defendant and Appellant.

Mark J. Saladino, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and David Nakhjavani, Deputy County Counsel for Plaintiff and Respondent.

Appellant and father Omar H. (father) appeals from a judgment of the juvenile court declaring his minor son Omar D.H. (Omar) a dependent of the juvenile court and removing him from his parents’ custody. Father’s sole contention on appeal is that although the juvenile court had reason to know that Omar might be an Indian child, the court failed to assure compliance with the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA). We agree and reverse for the sole purpose of directing the juvenile court and the Department of Children and Family Services (the Department) to comply with the inquiry and notice requirements of ICWA. BACKGROUND Omar and his half-sister Rosie P. were detained in April 2014, and a dependency petition was filed to bring them within the jurisdiction of the juvenile court pursuant to Welfare and Institutions Code, section 300, subdivisions (a) and (b).1 This appeal concerns only Omar, as Rosie has been placed in the custody of her father, Efrain P. Omar was placed in the home of his paternal aunt, Tatiyana H. pending the proceedings. The petition alleged that Vanessa P. (mother) was an abuser of illicit drugs, that father abused marijuana, and that mother and father placed Omar in a detrimental and endangering situation on March 24, 2014, by having a violent altercation in Omar’s presence.2 Father was not present at the detention hearing. The juvenile court ordered Omar detained and ordered the Department to provide family reunification services for father. Father was in court for the next hearing on May 14, 2014, when he submitted to the court’s jurisdiction. He provided an ICWA-020 form to the court, indicating he may have Blackfeet Indian ancestry.3 On the same date, the Department filed a report in