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Name: H.A. v. Superior Court
Case #: C099704
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/03/2024
Summary

The juvenile court erred in finding that the Indian Child Welfare Act (ICWA) did not apply where there was an inadequate initial inquiry; counsel should promptly bring such issues to the attention of the juvenile court. The minor was removed due to parents’ domestic violence, substance abuse and mental health issues. Both parents denied Native American ancestry and the Agency ended its inquiry there, despite having contact information for maternal and paternal relatives. The juvenile court terminated reunification services and set a section 366.26 hearing. Father filed a petition for extraordinary writ and the reviewing court granted relief. The court remanded for additional ICWA initial inquiry noting that due to the ongoing nature of these proceedings, all parties have a duty to raise the adequacy of the ICWA inquiry in the juvenile court.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/C099704.PDF