In re Theo T. CA2/8

Filed 12/18/23 In re Theo T. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

In re Theo T., et al., Persons B327644 Coming Under the Juvenile Court Law. Los Angeles County ______________________________ Super. Ct. No. 22CCJP00270CD LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R. T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charles Q. Clay III, Judge. Conditionally affirmed and remanded. Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, and Kim Nemoy, Assistant County Counsel, for Plaintiff and Respondent. ____________________ Mother Ruby T. appeals the juvenile court’s minute order after a status review hearing finding that the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (the Act) and the corresponding state code sections do not apply to her son T.T. and daughter S.W. The Los Angeles County Department of Family and Child Services failed to comply with the requirements of the Act. We conditionally affirm the order and remand to allow the Department and juvenile court to comply with the Act and related California law. Code citations are to the Welfare and Institutions Code. The juvenile court detained the mother’s four children from her and their respective fathers. The mother submitted to the court a form stating she might have Cherokee ancestry through the maternal grandfather and Blackfoot ancestry through her maternal grandmother and maternal great-grandmother. She provided the name and possible year of birth for the maternal great grandmother. The juvenile court ordered the Department to investigate these claims of Native American ancestry. When the social worker contacted the mother, she refused to provide further information about her relatives, stating the questions were an invasion of her privacy. The Department did not ask other relatives with whom it was in contact about Native American ancestry. T.T.’s father and S.W.’s father both stated they had no Native American ancestry. The Department sent notices to the Blackfeet and Cherokee tribes. The notices identified the children, the mother, the