In re Benjamin M.
Annotate this CaseIn this appeal following the termination of parental rights, the mother contended only that the social services agency failed to comply with the duty of initial inquiry imposed by state statutory provisions implementing the Indian Child Welfare Act of 1978. The social services agency concedes error but argues that it was harmless. The Court of Appeal determined the agency failed to investigate readily obtainable information tending to shed meaningful light on whether a child was an Indian child, found the error prejudicial and conditionally reversed. "If, after completing the initial inquiry, neither CFS nor the court has reason to believe or to know that Benjamin is an Indian child, the order terminating parental rights to Benjamin shall be reinstated. If CFS or the court has reason to believe that Benjamin is an Indian child, the court shall proceed accordingly."
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