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Name: In re N.B.
Case #: C098565
Opinion Date: 11/22/2023
Attorney: Roni Keller

In an appeal from termination of parental rights, Father contended the juvenile court and the Sacramento County Department of Child, Family and Adult Services failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) because the department did not inquire of the minor’s maternal or paternal relatives. Although the record did not affirmatively show error by the juvenile court, or even error by the department, it also did not detail the manner in which the department complied with its duty of inquiry under the ICWA. The Court of Appeal would generally presume the department performed its duties; however, here the department conceded the ICWA error without explanation. Consequently, the court conditionally affirmed and remanded for limited ICWA proceedings.