In re K.B. CA3

Filed 2/13/24 In re K.B. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.B. et al., Persons Coming Under the Juvenile C099035 Court Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. Nos. JD240791, CHILD, FAMILY AND ADULT SERVICES, JD240792)

Plaintiff and Respondent,

v.

M.A.,

Defendant and Appellant.

Appellant M.A., mother of K.B. and G.B. (the minors), appeals from the juvenile court’s orders terminating parental rights and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 Mother contends the initial inquiry under the Indian Child

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

1

Welfare Act (ICWA) by the Sacramento County Department of Child, Family and Adult Services (Department) was insufficient because, although the father of the minors, M.B., claimed to have Native American ancestry, the Department failed to contact known relatives to inquire whether they knew of possible Native American ancestry and failed to contact multiple tribes. (25 U.S.C. § 1901 et seq.; § 224.2.) The Department agrees that further ICWA compliance is warranted. We agree with the parties, and remand for compliance with the ICWA. FACTUAL AND PROCEDURAL BACKGROUND On August 31, 2020, the Department filed a petition alleging that the minors came within the provision of section 300, subdivision (a), serious physical harm, and subdivision (b)(1), failure to protect. The Department asked the parents about possible Native American ancestry, and mother denied any such ancestry. Father provided Parental Notification of Indian Status (ICWA-020) forms, stating he had Cherokee and Blackfoot ancestry.2 At the detention hearing, the juvenile court found reason to believe the minors were Indian children within the meaning of the ICWA and directed the Department to conduct further inquiry. The Department inquired with the paternal grandmother, who claimed she had Powhatan ancestry and the paternal grandfather had Blackfeet ancestry. Although the Department did inquire with the Rappahannock tribe, the record does not reveal that the Department inquired with the maternal relatives, the five other federally recognized Powhatan-affiliated tribes, the paternal grandfather, or any Cherokee tribes. Additionally, the Department formally inquired with the Blackfeet tribe