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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

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.…

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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

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…

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Name: In re Samantha F. (2024) 99 Cal.App.5th 1062
Case #: E080888
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/22/2024

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 (§ 340). Samantha was removed pursuant to a protective custody warrant. Father appealed the termination of his parental rights, raising the issue of the failure to comply with the initial inquiry requirements of ICWA. The Fourth Appellate District, Division Two reversed, following the reasoning of In re Delila D. (2023) 93 Cal.App.5th 953, that section 224.2, subdivision (b) is applicable regardless of whether the minor was initially removed pursuant to a warrant. All children awaiting a detention hearing,…

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Name: In re P.H., Jr. (2024) 98 Cal.App.5th 992
Case #: B321592
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 01/12/2024

The juvenile court did not err in finding that the Indian Child Welfare Act (ICWA) did not apply, despite imperfect notice, because no formal notice was required. At the detention hearing, Father shared possible heritage with Yucca and Navajo tribes and Mother claimed possible heritage with Yuki and Apache tribes. The Agency attempted to contact the relatives that parents said may have more information and mailed ICWA-030 notices to several Apache and Navajo tribes. Father appealed following the disposition hearing, arguing that the ICWA findings were erroneous because the information on the ICWA-030 forms was incomplete, the form was not…

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Name: In re L.B. (2023) 98 Cal.App.5th 512
Case #: A167363
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 12/28/2023

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. L.B. was removed pursuant to a protective custody warrant. Mother appealed the termination of her parental rights, raising the failure to comply with the initial inquiry requirements of ICWA. The First Appellate District, Division Four reversed, following the reasoning of In re Delila D. (2023) 93 Cal.App.5th 953, that section 224.2, subdivision (b) is applicable regardless of whether the minor was initially removed pursuant to a warrant. Children removed from homes through a protective custody…

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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

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…

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Name: In re Jerry R. (2023) 95 Cal.App.5th 388
Case #: F085850
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 09/11/2023

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). Parents appealed the termination of their parental rights, raising the issue of the failure to comply with the initial inquiry requirements of ICWA. The Fifth District reversed, following the reasoning of In re Delila D. (2023) 93 Cal.App.5th 953, that section 224.2, subdivision (b) is applicable regardless of whether the minor was initially removed pursuant to a warrant or not. There is no practical difference between children taken by warrant and those taken…

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Name: In re V.C. (2023) 95 Cal.App.5th 251
Case #: A166527
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 09/06/2023

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). Minors were removed from parents and parental rights were terminated in 2021. The termination was reversed on appeal and a new section 366.26 hearing was held in 2022 at which parental rights were again terminated. Parents appealed, raising the issue of the failure to comply with the initial inquiry requirements of ICWA. The reviewing court reversed, following the reasoning of In re Delila D. (2023) 93 Cal.App.5th 953, that section 224.2, subdivision (b)…

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Name: In re N.F. (2023) 95 Cal.App.5th 170
Case #: B318674
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 08/10/2023
Subsequent History: Ordered published 9/5/2023

The Indian Child Welfare Act (ICWA) is not implicated at a post-permanency hearing which will not result in foster-care placement, termination of parental rights, preadoptive placement, or adoptive placement. The minor was removed from Mother in 2018. In 2021, a paternal uncle was appointed as minor’s legal guardian and dependency jurisdiction was terminated with Kin-GAP funding in place. Mother did not appeal this order. In 2022, Mother brought a 388 petition asking that her reunification services be reinstated as she had recently been released from incarceration. The 388 petition was denied and the court ordered that the dependency case remain…

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Name: In re Andres R. (2023) 94 Cal.App.5th 828
Case #: E079972
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/23/2023

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). The minor was removed from his parents pursuant to a detention warrant. Mother denied Indian ancestry and Father claimed Cherokee ancestry. The Cherokee Nation said that the minor was not eligible to be enrolled in the tribe. Father appealed the jurisdictional and dispositional findings that adjudged the minor as a dependent of the court and removed minor from his custody, raising an ICWA initial inquiry failure. The appellate court affirmed. Division…

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