In re N.D.

Filed 3/16/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re N.D. et al., Persons 2d Juv. No. B300468 Coming Under the Juvenile (Super. Ct. Nos. 19JV00160 Court Law. & 19JV00161) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD WELFARE SERVICES,

Plaintiff and Respondent,

v.

N.A.,

Defendant and Appellant.

N.A. (Father) appeals the juvenile court’s disposition order removing his children from his custody and continuing their placement in foster care. (Welf. & Inst. Code,1 § 361, subd. (c)(1).) Father contends the order must be reversed due to noncompliance with the inquiry and notice requirements of the

1 Further unspecified statutory references are to the Welfare and Institutions Code.

Indian Child Welfare Act (ICWA). (§ 224 et seq.; 25 U.S.C. § 1901 et seq.) We conditionally reverse and remand for the limited purpose of ensuring ICWA compliance. FACTUAL AND PROCEDURAL HISTORY Santa Barbara County Child Welfare Services (CWS) filed an amended juvenile dependency petition alleging that Father’s one-month-old twin children were at substantial risk of harm based on their “failure to thrive.” The petition also alleged that Father had a criminal history, including domestic abuse, and was on probation. The children were removed from parental custody and placed in a foster home. At the detention hearing, Father said he had Native American Indian heritage, but he was unable to identify the correct tribe. Father believed his heritage was through his paternal grandmother. He provided CWS and the juvenile court with the names of his father and grandmother. The jurisdiction report stated that CWS “obtained ancestry information,” including birth certificate information. It obtained the names, dates of birth, and other information for Father, his paternal grandparents, and his paternal great- grandparents. CWS also mailed Father an ICWA questionnaire and attempted to call him. At the jurisdiction hearing, the court found true the allegations in the amended petition and declared his two children dependents of the court pursuant to section 300. The disposition report stated that ICWA “does or may apply.” CWS contacted Father and the twins’ mother,2 who both said they had Native American heritage but did not know the tribes in which that heritage existed. The report recommended the children remain in foster care.