In re J.H. CA3

Filed 2/2/22 In re J.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

In re J.H., a Person Coming Under the Juvenile Court C094809 Law.

K.B., (Super. Ct. No. 21FL000141)

Plaintiff and Respondent,

v.

J.H.,

Defendant and Appellant.

Father of the minor J.H. appeals from the trial court’s July 2021 order freeing minor from father’s custody and control and freeing minor for adoption by maternal grandmother. (Fam. Code, § 7822; Prob. Code, § 1516.5.) Father contends reversal is required because the court failed to comply with the inquiry and notice requirements under the Indian Child Welfare Act (the ICWA). (25 U.S.C. § 1901 et seq.) We will reverse and remand.

1

FACTUAL AND PROCEDURAL BACKGROUND Minor was born in September 2015. In October 2015, he moved with mother and father to Oregon. When minor was one year old, he, father, and mother moved in with maternal grandmother in California. Minor began experiencing seizures when he was 18 months old and currently requires medication twice a day. Minor was also diagnosed with autism when he was three years old. In January 2018, mother left minor in the care of maternal grandmother. Maternal grandmother was granted legal guardianship of minor in January 2019. Father stopped participating in supervised visits with minor in October 2019 and has not had any contact with minor since then. Father stopped paying child support at the end of 2019. In March 2021, maternal grandmother filed a petition to declare minor free from the custody and control of father. (Fam. Code, § 7820 et seq.) She asked that minor remain in her custody. She stated mother had consented to the adoption and father had abandoned minor. Later that month, the trial court appointed counsel for father, who lived in Oregon, and ordered the probation department to prepare a report. (Fam. Code, § 7850.) In April 2021, maternal grandmother filed an amended petition further alleging minor should be freed from father’s custody under Probate Code section 1516.5 because she had legal guardianship of minor for more than two years without father having any custody of minor. Maternal grandmother also filed an ICWA-020 form (Parental Notification of Indian Status) informing the trial court she had no reason to know or believe that minor was an Indian child. Maternal grandmother’s counsel also filed an attachment stating that his ongoing inquiry into minor’s status had given him reason to believe minor is or may be an Indian child. He had contacted the Paskenta Band of Nomlaki Indians via letter to ask whether the parents or minor was an enrolled member or was eligible for enrollment. Counsel stated that he had been informed that either mother or father claimed, “some