Los Angeles County Department of Children and Family v. David G.
206 Cal. App. 4th 1160
| Cal. Ct. App. | 2012Background
- Appellants challenge the termination of parental rights to Gabriel G. and contest whether ICWA notice and related procedures were properly followed.
- DCFS petitioned Gabriel’s dependency under Welfare and Institutions Code §300 in June 2010 after concerns about parental alcohol abuse, domestic violence, and neglect.
- Gabriel was detained and placed in DCFS custody; mother denied Native American heritage, father’s whereabouts were unknown, and the court initially found ICWA did not apply to mother.
- During hearings, ICWA-020 form indicated paternal grandfather as a Cherokee member, but the form was unsigned by father; social worker investigated but did not obtain clear, consistent evidence of Indian heritage.
- The court never issued proper ICWA findings; the birth certificate listing the father as biological father prompted the appellate court to reverse the termination order for limited ICWA notice remand; notice to three Cherokee tribes is required, with reinstatement of termination only if no tribe claims Indian status.
- Mother joins in father’s brief; the outcome hinges on whether proper ICWA notice and inquiry were completed prior to termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was ICWA triggered and notice properly issued? | Father’s Cherokee heritage and Gabriel’s birth certificate triggered ICWA. | Department argued no definite Indian heritage; contention of inaction by court. | Yes; ICWA was triggered and notice required and proper procedures lacking. |
| Did the social worker and court fail to perform requisite ICWA inquiries before termination? | Records show conflicting information; further inquiry needed. | Some inquiries occurred, but not comprehensive; no clear tribal status established. | Yes; failure to conduct adequate ICWA inquiry requires remand for notice. |
| Does birth certificate establishing paternity affect ICWA applicability and notice duties? | Birth certificate listing father as biological father confirms potential Indian status. | Unclear paternity status initially; ICWA may be triggered once paternity is established. | Birth certificate confirming paternity supports triggering ICWA and notice. |
Key Cases Cited
- In re Levi U., 78 Cal.App.4th 191 (Cal. Ct. App. 2000) (Indian status inquiry once a suggested ancestry exists; triggers ICWA notice)
- In re Desirée F., 83 Cal.App.4th 460 (Cal. Ct. App. 2000) (Notice requirements under ICWA; tribe rights to intervene)
- In re Nikki R., 106 Cal.App.4th 844 (Cal. Ct. App. 2003) (Minimal showing of potential Indian status triggers notice; not waived by failure to raise in trial court)
- In re J.O., 178 Cal.App.4th 139 (Cal. Ct. App. 2009) (Affirmative duty to inquire; inconsistent information requires further inquiry)
- In re Suzanna L., 104 Cal.App.4th 223 (Cal. Ct. App. 2002) (Limited reversal approach for defective ICWA notice in termination cases)
- In re Francisco W., 139 Cal.App.4th 695 (Cal. Ct. App. 2006) (Limited reversal when only ICWA notice is defective; remand to cure notice)