In re R.W. CA3

Filed 12/28/23 In re R.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

In re R.W. et al., Persons Coming Under the Juvenile C098678 Court Law.

GLENN COUNTY HEALTH AND HUMAN (Super. Ct. Nos. 23JP01067, SERVICES AGENCY , 23JP01068, 23JP01069)

Plaintiff and Respondent,

v.

J.W.,

Defendant and Appellant.

Appellant J.W. (father), father of the minors, appeals from the juvenile court’s dispositional orders. (Welf. & Inst. Code, § 395.)1 Father contends the juvenile court and the Glenn County Health and Human Services Agency (Agency) failed to comply

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

1

with the requirements of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.). The Agency concedes the error. Because the juvenile court had yet to make a final ICWA finding with respect to these minors at the time of this appeal, and the ICWA inquiry is still ongoing in that court, we will dismiss the ICWA claim on appeal as premature and affirm the orders of the juvenile court from which this appeal was taken. BACKGROUND A detailed recitation of the facts and non-ICWA related procedural history is unnecessary to our resolution of this appeal. The Agency filed identical dependency petitions on behalf of each of the minors pursuant to section 300, subdivision (b), alleging the minors were at risk due to domestic violence in the home.2 The Indian child inquiry forms (ICWA-010) attached to the petitions indicated ICWA inquiry of father and V.W. (mother) revealed the minors might either be members or eligible for membership in the Cherokee tribe in Oklahoma. The disposition report clarified that mother denied Indian ancestry, but father claimed possible Cherokee ancestry. The minors were detained and initially placed with a relative but were ultimately placed together in a foster home. At the detention hearing on March 7, 2023, the Agency’s counsel informed the court that the minors had possible Indian ancestry. The court ordered the minors detained, found there was a reason to believe the minors were Indian children, and ordered the Agency to conduct further inquiry and file any evidence with the court. The March 30, 2023, jurisdiction report included father’s completed parental notification of Indian status form (ICWA-020) stating his belief that he had Indian ancestry on the maternal side of his family. The report stated the Agency completed