In re K.F. CA3

Filed 5/9/23 In re K.F. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

In re K.F., a Person Coming Under the Juvenile Court C096968 Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. No. JD240587) CHILD, FAMILY AND ADULT SERVICES,

Plaintiff and Respondent,

v.

M.F.,

Defendant and Appellant.

Appellant M.F. (father), father of the minor, appeals from the juvenile court’s order terminating parental rights and freeing the minor for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 Father contends the juvenile court and the Sacramento County

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

Department of Child, Family and Adult Services (Department) failed to comply with the requirements of the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.) The Department concedes the error. We will conditionally reverse and remand for limited ICWA proceedings. BACKGROUND A detailed recitation of the facts and non-ICWA related procedural history is unnecessary to our resolution of this appeal. The Department filed a dependency petition on behalf of the minor pursuant to section 300, subdivisions (a) and (b)(1). At the time, the minor lived with the paternal grandmother, who informed the social worker that the minor may be a member of or eligible for membership in the Cherokee Tribe. The Department reported mother denied any Indian heritage. Father’s counsel filed a Parental Notification of Indian Status form (ICWA-020) on father’s behalf but did not check any of the boxes or otherwise indicate whether father might have Indian heritage. The paternal grandmother stated the paternal great-grandmother was “1/16” Cherokee but “there is not enough blood for [father] to be registered with a tribe.” The paternal grandmother also stated the family had never lived on a reservation or received any services from the Tribe. When asked whether she could identify a specific Cherokee tribe, she stated she did not have any additional information. On May 19, 2020, the social worker contacted the Office of Tribal Affairs by telephone and e-mail and requested information on the minor’s Indian heritage; however, the office was unable to provide any information. The social worker also left a message with the Bureau of Indian Affairs (BIA). As of June 10, 2020, no additional information had been received by the social worker. At the detention hearing on June 12, 2020, the court made several findings. First, the court found there was insufficient evidence to determine if the minor was an Indian child within the meaning of the ICWA, but added, “However, information having been