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Name: In re D.M.
Case #: E082401
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/07/2024
Summary

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements do not apply when a minor is brought into custody pursuant to a warrant (section 340). Minor was removed pursuant to a protective custody warrant. Mother appealed the termination of her parental rights, raising the issue of the failure to comply with the initial inquiry requirements of ICWA. The Fourth Appellate District, Division Two affirmed, agreeing with the holding in In re Robert F. (2023) 90 Cal.App.5th 492, rev. granted, S279753, that the initial inquiry duty is only triggered if the child was taken into temporary custody without a warrant. [Editor’s Note: Justice Raphael wrote a dissenting opinion disagreeing with this holding and following the contrary precedent in In re Delila D. (2023) 93 Cal.App.5th 953.]

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/E082401.PDF