112 Cal.App.5th 793
Cal. Ct. App.2025Background
- Mother gave birth to C.R. in December 2020 while herself a minor and juvenile court dependent, with the father being her adult boyfriend who abused her.
- C.R. was detained from mother after concerns about mother absconding with C.R., mother's inability to protect C.R., and exposure to abuse and neglect.
- The juvenile court declared C.R. a dependent child and provided reunification services to the mother; services were ultimately terminated in September 2023.
- Mother's parental rights were terminated by the juvenile court in September 2024, after her section 388 petition for more services was denied.
- On appeal, mother did not dispute the merits of the rulings but argued the termination order should be conditionally reversed due to an allegedly deficient inquiry under the Indian Child Welfare Act (ICWA) and its California counterpart by the Department of Children and Family Services (DCFS).
Issues
| Issue | Mother's Argument | DCFS Argument | Held |
|---|---|---|---|
| Whether the initial ICWA inquiry was adequate under federal and state law | The Department failed to ask maternal grandmother, aunt, and cousin about possible Indian ancestry in C.R.'s case | Sufficient inquiry already performed—maternal grandmother denied any Indian ancestry in prior proceedings, and records were shared across related cases | Court found ICWA inquiry was adequate and supported by substantial evidence; affirmed termination of parental rights |
Key Cases Cited
- In re Dezi C., 16 Cal.5th 1112 (Cal. 2024) (articulates standards for ICWA inquiry and appellate review)
- In re Kenneth D., 16 Cal.5th 1087 (Cal. 2024) (duty to inquire under ICWA and adequacy of record)
- In re D.F., 55 Cal.App.5th 558 (Cal. Ct. App. 2020) (framework for ICWA duty—initial inquiry, further inquiry, and notice)
- In re Josiah T., 71 Cal.App.5th 388 (Cal. Ct. App. 2021) (ICWA finding implies fulfilled duty of inquiry)
- In re Ezequiel G., 81 Cal.App.5th 984 (Cal. Ct. App. 2022) (standard of review for ICWA inquiries and findings)
- In re D.S., 46 Cal.App.5th 1041 (Cal. Ct. App. 2020) (no need to pursue unproductive ICWA leads)