In re J.K.
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Defendant (mother), who appealed the order terminating parental rights to her minor child J.K. with a permanent plan of adoption contends the juvenile court erred in finding ICWA did not apply because Santa Barbara County Child Welfare Services (CWS) and the juvenile court failed to ask J.K.’s extended family members about his possible Indian status. Defendant asked the Second Appellate District to order that the matter be remanded so these duties can be satisfied.
The Second Appellate District conditionally affirmed the judgment. The court concluded the juvenile court erred in finding ICWA does not apply where, as here, the record does not establish that the expanded duty of initial inquiry set forth in section 224.2, subdivision (b), has been satisfied. The court also concluded that a conditional affirmance with a limited remand for full satisfaction of the duties of inquiry and notice is necessary and appropriate because (1) CWS and the juvenile court have “an affirmative and continuing duty” to inquire into J.K.’s potential Indian status and (2) the record on appeal does not “affirmatively reflect that the protections intended to be afforded through the exercise of that duty have been provided.”
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