In re M.W.Annotate this Case
The Sacramento County Department of Child, Family and Adult Services (Department) filed a dependency petition on behalf of the newborn minor pursuant to Welf. & Inst. Code section 300, subdivisions (b) and (j). The petition alleged the minor suffered, or was at substantial risk of suffering, harm due to substance abuse by mother and alleged father M.W. The petition further alleged substantial risk to the minor due to the abuse or neglect of, and eventual termination of mother’s parental rights over, the minor’s three half-siblings. Mother and M.W. reported they believed M.W. was the minor’s biological father but requested a paternity test for confirmation. Mother also reported the maternal grandfather had Native American heritage with the Apache Tribe, later confirming her claim in her parental notification of Indian status form (ICWA-020). M.W. denied having any Indian ancestry. At a detention hearing, the juvenile court made ICWA orders as to mother and ordered the minor detained. The Department interviewed mother in custody, and learned A.C. (father) could potentially be the minor's biological father. No parent was present for a January 2019 jurisdiction/disposition hearing. The court ordered the Department to continue its search for father and, upon locating him, inform him of the proceedings and his options for establishing paternity, and to make ICWA inquiry. Father appeared in court on March 27, 2019, and requested paternity testing to determine whether the minor was his biological child. By May 2019, father was given court appointed counsel, and was found to be the minor's biological father. Because family members refused to cooperate with a social worker's investigation, twelve tribes were contacted for help determining the minor's status as an Indian Child. Ten confirmed the minor was not an Indian for purposes of the ICWA, and the remainder did not respond by the time of the hearing. The court ruled the ICWA did not appeal as to the minor, and Father's parental rights to the child were ultimately terminated. He appealed, arguing the Department failed to comply with the ICWA. Finding no reversible error, the Court of Appeal affirmed the juvenile court's ICWA ruling and termination of parental rights.