In re K.T.
Annotate this CaseThe sole issue in this appeal of the termination of parental rights was whether San Bernardino County Children and Family Services (CFS) conducted further inquiry into whether the Indian Child Welfare Act’s (ICWA) applied if there was “reason to believe” an Indian child was involved in the dependency proceedings involving nine-year-old K.T. and his two-year-old sister, D. Early on in the case, the children’s mother and K.T.’s father (father) reported they had possible Cherokee, Choctaw, and Blackfeet ancestry and gave CFS contact information for family members who might be able to provide more detail. CFS never followed up, and the juvenile court found ICWA didn’t apply without first ensuring CFS had pursued these leads. About two years into the proceedings, after the parents failed to reunify with the children, the court determined they were likely to be adopted and terminated parental rights. On appeal, mother and father argued that despite having reason to believe K.T. and D. were Indian children, CFS failed to conduct adequate further inquiry to determine whether ICWA applies. CFS conceded their error. As a result, the record did not support the juvenile court’s finding that ICWA did not apply, and the Court of Appeal reversed the orders terminating parental rights and remanded the case for further proceedings.
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