In re R.C. CA3

Filed 5/1/23 In re R.C. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

In re R.C., a Minor. C097058

C.K., (Super. Ct. No. 22SA-06733)

Petitioner and Respondent,

v.

T.C.,

Objector and Appellant.

Appellant T.C. (father) appeals from a family court judgment terminating his parental rights as to the minor, R.C. (Fam. Code, § 7822.)1 Father contends the family court did not comply with the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901

1 Undesignated statutory references are to the Family Code.

1

et seq.). We agree with father’s claim and will reverse and remand to the family court for further ICWA proceedings. BACKGROUND Because the sole issue on appeal is ICWA compliance, a detailed recitation of the non-ICWA related facts and procedural history is unnecessary to our resolution of this appeal. Father was once married to the minor’s mother, A.C. (mother). The parents separated in 2017, and mother married C.K. (stepfather) in 2022. In April 2022, stepfather filed an adoption request and a petition to declare the minor free from the parental control and custody of father. Stepfather requested the court terminate father’s parental rights and allow stepfather to adopt the minor, alleging father intentionally abandoned the minor. The adoption request stated that “inquiry required under law to determine whether the child may be an Indian child has been made, and a completed Indian Child Inquiry Attachment (form ICWA-010(A)) is attached.” The attached ICWA-010(A) form stated that stepfather asked mother about the minor’s possible Indian status and was given “no reason to believe the child is or may be an Indian child.” Father made his initial appearance in the case by telephone at the June 17, 2022 hearing on stepfather’s petition. Father stated his opposition to the petition and the court set the matter for a contested hearing. The court subsequently appointed counsel for father on its own motion. A court-appointed investigator interviewed mother and stepfather in preparation for her report. Father, who was incarcerated on charges related to the abuse of mother and the minor, was not interviewed for the report. The investigator’s report recommended the court terminate father’s parental rights and grant stepfather’s petition for adoption. The report made no mention of the ICWA.