In re Rayshon G. CA2/7
B308043
| Cal. Ct. App. | Jun 23, 2021Background
- July 2020: Los Angeles DCFS filed a dependency petition (Welf. & Inst. Code §300(b)) after reports that mother Nikel, diagnosed with bipolar disorder, engaged in behavior endangering her son Rayshon (e.g., flooding apartment; child found hiding). Child detained and later declared a dependent; reunification services ordered.
- At detention counsel filed an ICWA-020 indicating Nikel may be Blackfeet and Cherokee through a deceased grandfather; Nikel told the court she had “recently asked to be registered.” Court ordered DCFS to investigate and notify tribes, BIA, and DOI.
- DCFS mailed ICWA notices to several tribes and federal offices and attached family biographical/contact data to its report, but the record shows no interviews of the mother or extended relatives and no affirmative outreach to relatives after contacts were located.
- Three tribes responded (Blackfeet, Eastern Band of Cherokee, United Keetoowah) saying no evidence of ancestry; one (Cherokee Nation) did not respond in the record before appeal.
- The Court of Appeal held DCFS failed to satisfy its statutory duty of inquiry under ICWA and California law and the juvenile court failed to ensure compliance; it conditionally reversed and remanded for meaningful further inquiry and any required new or amended tribal notice. Deficiencies in the initial notices (e.g., return receipts, 10‑day wait) were deemed curable/harmless on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCFS satisfied its duty to inquire (ICWA §224.2; rule 5.481) after mother reported possible Blackfeet/Cherokee ancestry | DCFS failed to interview mother or extended family and did not meaningfully locate or question relatives despite having contact information; court order to investigate ignored | Mother lacked contact info at detention; DCFS had no obligation to "cast about" absent further leads | Duty to inquire was triggered by mother’s statements; DCFS breached that duty and the juvenile court failed to ensure compliance — conditional reversal and remand for meaningful inquiry |
| Whether ICWA notices were adequate (attachment of petition; mailing procedures; waiting period) | Notices were defective (petition attachment unclear; return receipts not filed; court did not wait required 10 days) | Petition likely included; tribes responded; procedural failures are curable and harmless if further inquiry can be done on remand | Court presumed petition was mailed; DCFS conceded missing return receipts and 10‑day wait; errors remediable and harmless on remand if further inquiry yields no new tribal leads |
| Appropriate remedy if further inquiry confirms tribal membership or eligibility | If investigation shows child is Indian, vacate orders and hold new ICWA‑compliant proceedings | If no additional information, original adjudication may stand | Conditional reversal: on remand DCFS must investigate, re‑notice as needed, file certified mail receipts; if child is an Indian child, vacate affected orders and retry; if not, original findings may be reinstated |
Key Cases Cited
- In re T.G., 58 Cal.App.5th 275 (duty to inquire begins at initial contact; agency duty to investigate)
- In re Isaiah W., 1 Cal.5th 1 (tribal jurisdiction and intervention rights under ICWA)
- In re K.R., 20 Cal.App.5th 701 (agency must make meaningful effort to locate/interview extended family)
- In re Elizabeth M., 19 Cal.App.5th 768 (burden to develop ICWA information lies with the agency, not family)
- In re A.M., 47 Cal.App.5th 303 (parental statements identifying grandfather’s possible tribal ancestry can trigger further inquiry)
- In re C.Y., 208 Cal.App.4th 34 (ICWA does not require agencies to "cast about" without a basis, but investigation is required once triggered)
- In re E.H., 26 Cal.App.5th 1058 (state notice defects can be harmless when remediable on remand)
- In re Christopher I., 106 Cal.App.4th 533 (substantial compliance with ICWA notice requirements may suffice)