In re L.B.
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In a case heard by the Court of Appeal of the State of California, First Appellate District, Division Four, the appellant, a mother (La.B.), challenged the juvenile court's decision to terminate her parental rights. The mother claimed the court failed to adequately inquire into her child's (L.B.'s) potential Native American ancestry as required by the Indian Child Welfare Act (ICWA). Despite the mother's indication on a form that she might be a member of a federally recognized tribe of unknown name and location, no extended family members were asked about the child's potential Native American ancestry.
The appellate court agreed with the mother's contention, finding the inquiry into the child's ancestry inadequate and thus, an abuse of discretion. The court noted that the inquiry was legally required to include extended family members, regardless of how the child was initially removed from their home. The trial court had failed to adhere to this requirement despite the availability of several family members who could have provided relevant information.
The appellate court conditionally reversed the judgement and instructed the juvenile court to order the Social Services Agency to complete the initial ICWA inquiry, including inquiries required under section 224.2, subdivision (b). Depending on the results of the inquiry, the court should proceed in accordance with ICWA and related California law. If no evidence of the child's Native American heritage is found, the juvenile court should immediately reinstate the judgement.
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