The lawsuit, filed in the Court of Appeal of the State of California, Third Appellate District, San Joaquin (Case ID: C098883), on April 8, 2024, involves petitioner A.R., mother of the dependent minor D.S., against The Superior Court of San Joaquin County and San Joaquin County Human Services Agency. The case centers around A.R.'s request for an extraordinary writ to vacate orders that bypassed her reunification services with her child and set a hearing under Welfare and Institutions Code section 366.26.
A.R. argues that the respondent juvenile court and the San Joaquin County Human Services Agency did not adequately investigate the minor's potential Indian heritage, thereby violating the Indian Child Welfare Act of 1978 (ICWA). This dependency proceeding started in May 2022 when both parents confirmed they had no known Indian ancestry.
However, A.R. contends that further inquiry into relatives and extended family members regarding potential Indian heritage is necessary to meet ICWA requirements. The court had previously found that ICWA did not apply in a prior dependency proceeding involving the minor's half-sibling.
A.R. seeks to vacate the ICWA findings and conduct further proceedings to determine whether ICWA inquiry and notice requirements have been met. She has also requested a stay of section 366.26 hearing in respondent juvenile court pending resolution of this writ petition.