In re S.A. CA3

Filed 5/13/24 In re S.A. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.A., a Person Coming Under the Juvenile Court C099361 Law.

(Super. Ct. No. JD239298) SACRAMENTO COUNTY DEPARTMENT OF CHILD, FAMILY AND ADULT SERVICES,

Plaintiff and Respondent,

v.

C.A.,

Defendant and Appellant.

Appellant C.A. (father) appeals from the juvenile court’s orders terminating parental rights and freeing S.A. (the minor) for adoption. (Welf. & Inst. Code,1 §§ 366.26, 395.) Father requests the matter be remanded for further Indian Child Welfare Act (ICWA) compliance proceedings because the initial inquiry by the Sacramento County Department of Child, Family and Adult Services (Department) was insufficient to support the juvenile court’s finding that the ICWA does not apply. (25 U.S.C. § 1901 et seq.; § 224.2.) The

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

1

Department does not oppose such remand. We will conditionally affirm the juvenile court’s orders and remand for ICWA compliance. BACKGROUND On September 6, 2018, only days after the minor was born, the Department filed a dependency petition alleging the minor came within the provision of section 300, subdivision (b)(1) because she was at substantial risk of harm due to mother’s current substance abuse. Attached to the petition was an Indian child inquiry (ICWA-010) form indicating the minor may have Native American ancestry. The juvenile court subsequently found appellant to be the minor’s presumed father, who may have Native American heritage. The court placed the minor in father’s custody where she was ordered to remain until the jurisdictional hearing. In March 2019, the minor’s mother indicated to the juvenile court that she may have Blackfeet, Cherokee, and Cheyenne Indian ancestry. At the March 28, 2019, hearing, the juvenile court found placement with father was no longer in the minor’s best interest. The minor’s paternal grandmother, who was at the hearing, advised the court that she had Indian ancestry and the court ordered the Department to begin the ICWA inquiry. In December 2019, the Department filed a section 387 petition alleging father tested positive for amphetamine, methamphetamine, heroin, and morphine. Father also was facing one year in custody for committing identity theft. On the petition, the Department checked the box noting “[t]he child had no known Indian ancestry.” The minor was then detained pursuant to a protective custody warrant and the detention report filed on December 31, 2019, indicated the ICWA did not apply. In the jurisdiction/disposition report, however, the Department noted the ICWA may apply. In the jurisdiction/disposition report, the Department catalogued the inquiries made regarding the minor’s status as an Indian child. The Department attempted to contact the minor’s mother on three occasions. The Department spoke to the minor’s paternal uncle who had no knowledge of any Indian ancestry. The Department also spoke to the minor’s