In re T.B. CA3

Filed 7/31/23 In re T.B. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 T.B., a Person Coming Under C096917 the Juvenile Court Law.

SACRAMENTO COUNTY DEPARTMENT (Super. Ct. No. JD241814) OF CHILD, FAMILY AND ADULT SERVICES,

Plaintiff and Respondent,

v.

J. B. et al.,

Defendants and Appellants.

Appellants are the parents of the minor, T.B. , who appeal from the juvenile court’s dispositional orders following the sustaining of a supplemental petition. (Welf. & Inst. Code,1 §§ 387, 395.) Parents’ sole contention on appeal is that the juvenile court

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

1

and the Sacramento County Department of Child, Family and Adult Services (the Department) failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA) because the Department did not exercise due diligence in contacting two extended family members. (25 U.S.C. § 1901 et seq.; § 224.2.) The Department concedes the ICWA error but contends the matter is now moot because of further ICWA inquiry. Because the further hearing on ICWA compliance and any further juvenile court findings are not part of our record on appeal, we direct the juvenile court to vacate its prior finding that the ICWA does not apply and enter new findings after further ICWA compliance proceedings. We otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND On February 28, 2022, the Department filed the original petition alleging that the minor came within the provision of section 300, subdivision (b)(1), failure to protect, after suffering serious medical complications and testing positive for methamphetamine at birth. The Department filed an Indian Child Inquiry Form, ICWA-010, attesting that the social worker inquired of both parents about the minor’s heritage, and the Department did not have any reason to believe that the minor is or may be an Indian child. Without elaboration, the detention report states that both mother and father “denied having any Native American Indian heritage.” On March 2, 2022, mother submitted a Parental Notification of Indian Status (ICWA-020) form indicating that she is or may be a member of the Cherokee tribe. That same day, father submitted his ICWA-020 indicating that one or more of his parents, grandparents, or other lineal ancestors is or was a member of the Sioux tribe. At the March 2, 2022, detention hearing, the juvenile court inquired regarding Native American ancestry and found there was insufficient evidence to determine if the minor was an Indian child. Parents were ordered to complete the Indian ancestry questionnaire and return it to the Department as well as disclose the names and residences of any relatives of the minor, and the Department was ordered to notice any