In re A.M. CA3

Filed 9/13/23 In re A.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

In re A.M., a Person Coming Under the Juvenile C097343 Court Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. STK-JD-DP- AGENCY, 2021-0000425)

Plaintiff and Respondent,

v.

A.M. et al.,

Defendants and Appellants.

Appellants D.O. (mother) and A.M. (father), parents of the minor, appeal the juvenile court’s order terminating parental rights and freeing the minor for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 The parents claim the San Joaquin County

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

1

Human Services Agency (Agency) and the juvenile court failed to comply with the requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). We will conditionally affirm the juvenile court’s judgment and remand for limited ICWA proceedings. BACKGROUND Because the parents’ sole claim challenges compliance with the ICWA, we limit the background summary to ICWA-related facts and procedure unless otherwise relevant to the issue on appeal. On November 8, 2021, the Agency filed a dependency petition on behalf of the minor pursuant to section 300, subdivisions (b), (g), and (j). The detention/jurisdiction report filed the same day stated that mother and father declined to sign any ICWA paperwork and refused to answer any questions regarding possible Indian ancestry, and that there was no reason to believe the minor was an Indian child within the meaning of the ICWA. The report also noted the social worker had spoken with two of the maternal relatives but there was no indication any ICWA inquiry had been made. At the November 9, 2021 detention hearing, mother was present, as were the maternal grandmother, maternal great-grandmother, and maternal aunt. Father was not present. The court asked mother if she had any Native American or American Indian ancestry, to which mother responded, “Not that I know of, no.” The court provided mother with a Parental Notification of Indian Status (ICWA-020) form. On November 16, 2021, the court ordered the minor detained following a positive drug test by mother. Father was not present at the hearing, nor was he present at the jurisdictional hearing on December 1, 2021. On December 3, 2021, ICWA-020 forms were filed on behalf of father and mother indicating each parent “refused to sign/answer paperwork.” However, each parent subsequently filed ICWA-020 forms, with mother indicating she had no Indian heritage and father indicating possible membership in an Indian tribe.