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Name: In re W. B.
Case #: S181638
Court: CA Supreme Court
District CalSup
Opinion Date: 08/06/2012

The Indian Child Welfare Act (ICWA) applies in juvenile delinquency cases to the extent that the court must inquire about Indian status at the outset and other ICWA procedures are invoked in limited circumstances. W.B. had been the subject of several juvenile delinquency petitions. W.B.'s mother indicated that there was Cherokee ancestry and the probation department reported that ICWA may apply. There was no active dependency case. A new delinquency petition was filed with a burglary allegation and it was found true. The court followed the probation recommendation of placing W.B. in foster care. The disposition was challenged on appeal…

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Name: R.R. v. Superior Court
Case #: C060573
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/17/2009

ICWA applies to juvenile delinquency proceedings where the minor is at risk of entering foster care or already in foster care. Petitioner, an Indian child made a court ward in a Welfare and Institutions Code section 602 proceeding and currently the subject of a petition to revoke probation, contested the Sacramento County Superior Court's standing order finding that California law does not require the application of ICWA to 602 proceedings if the case plan does not involve the termination of parental rights. The Court of Appeal issued a writ of mandate finding that the order is inconsistent with…

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Name: In re Alejandro A.
Case #: D051300
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/14/2008

In a delinquency case, the court did not err by failing to inquire about the minor's Indian heritage. On appeal from his delinquency proceeding, Alejandro A. contended that there was evidence he was an Indian child and an inquiry should have been made concerning his status before the disposition was entered. The appellate court disagreed and affirmed. There was no evidence that Alejandro was an Indian child. The social study listed him as Hispanic, and Alejandro told the probation officer he was not Native American. The fact that he lived near reservations and used their substance abuse programs did…

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Name: In re Enrique O.
Case #: F046608
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/13/2006

The Indian Child Welfare Act was not implicated where the juvenile's actions would have been considered a "crime" if committed by an adult. The court rejected an argument that the juvenile court is required to comply with the ICWA where the disposition is based on considerations other than the criminal act that forms the basis for the 602 proceedings. Here, the minor argued that ICWA was implicated because he was placed in a group home based on a variety of considerations, including his needs and the need to remove him from his mother’s home, and not solely because…

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