In re Antonio R.
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Mother appealed the order terminating her parental rights to four-year-old Antonio R. under Welfare and Institutions Code section 366.26, contending that the Department and the juvenile court failed to comply with the inquiry and notice provisions of the Indian Child Welfare Act of 1978 (ICWA).
The Court of Appeal agreed with Mother that Welfare and Institutions Code section 224.2, subdivision (b), required the Department to inquire of the maternal extended family members, and the juvenile court erred in finding ICWA did not apply despite the Department's insufficient inquiry. The court also concluded that the information in the hands of the extended family members was likely to be meaningful in determining whether the child is an Indian child. In this case, the error was prejudicial because the court did not know what information the maternal relatives would have provided had the Department or court inquired. Accordingly, the court conditionally affirmed and remanded for the juvenile court and the Department to comply with the inquiry provisions of ICWA and California law.
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