Skip to content
Name: In re C.L. (2023) 96 Cal.App.5th 377
Case #: C097911
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/13/2023
Summary

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements apply when a minor is brought into custody pursuant to a warrant (section 340). The minor was removed from the parents based on medical neglect. At the detention hearing, Father claimed Cherokee ancestry. Father appealed the termination of his parental rights, raising the issue of the failure to comply with the ICWA. The Third Appellate District reversed the parental rights termination, following the reasoning of In re Delila D. (2023) 93 Cal.App.5th 953. Section 224.2, subdivision (b) is applicable regardless of whether the minor was initially removed pursuant to a warrant. Here, the record demonstrates that the Agency failed to comply with the initial inquiry duty required by section 224.2, subdivision (b). Additionally, Father’s statements about Cherokee heritage triggered the duty of further inquiry described by section 224.2, subdivision (e). Remand is necessary to conduct these inquiries.