Riverside Cnty. Dep't of Pub. Soc. Servs. v. S.A. (In re N.G.)
238 Cal. Rptr. 3d 304
| Cal. Ct. App. 5th | 2018Background
- N.G., born 2005, was taken into protective custody in March 2011; parental rights were terminated April 5, 2018, and Mother appealed only on ICWA grounds.
- Paternal father J.G. initially reported possible Blackfeet or Navajo ancestry; paternal grandfather R.G. reported a great-great-grandfather was Native American and later J.G. said paternal cousins were registered with “the Cherokee tribe.”
- DPSS sent March 2011 ICWA notices to Blackfeet, Navajo Nation, and Colorado River tribes but did not include Cherokee tribes or the BIA, and the notices lacked detailed identifying information about paternal ancestors.
- The record contains no showing that DPSS interviewed J.G., R.G., the reported paternal cousins, Mother, or maternal relatives to gather full identifying information required by ICWA and Cal. law.
- The juvenile court made early findings that ICWA did not apply, but records do not show DPSS completed the mandated duty of inquiry before those findings; Mother challenged ICWA compliance on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DPSS was required to send ICWA notice to all federally recognized Cherokee tribes and the BIA after report of Cherokee ancestry | Mother: J.G.’s statement that paternal cousins were registered with “the Cherokee tribe” gave reason to know and required notice to Cherokee tribes and the BIA | DPSS: Information was too vague to show ancestors were Cherokee members, so no duty to notify Cherokee tribes/BIA | Court: DPSS had duty to notify all federally recognized Cherokee tribes and the BIA; failure to do so was error requiring conditional reversal |
| Whether DPSS and the juvenile court fulfilled the duty of inquiry to investigate paternal lineal ancestry and include identifying details in notices | Mother: DPSS failed to obtain and include full names, dates, addresses, and other identifying info from J.G., R.G., or paternal cousins | DPSS: Claims it provided adequate notice to tribes it sent notices to and need not pursue further given responses | Court: Record lacks evidence DPSS made required inquiries; notices were incomplete and inquiry duty was unfulfilled |
| Whether DPSS had duty to inquire about maternal Indian ancestry and obtain parental ICWA-020 from Mother | Mother: DPSS was in contact with Mother and a maternal uncle but never asked about maternal ancestry or asked Mother to complete ICWA-020 | DPSS: Did not argue extensive point; implied prior notices relieved further inquiry | Court: DPSS and the court had affirmative duty to ask Mother and maternal relatives and to investigate if maternal ancestry existed; record shows they did not |
| Whether Mother’s appeal of later termination order can challenge earlier ICWA findings | Mother: Can challenge ICWA in termination appeal because court has a continuing duty of inquiry and later order subsumes ICWA determination | DPSS: Mother should have appealed earlier ICWA findings and those rulings relieve later duties | Court: Follows Isaiah W.; parent may challenge ICWA compliance in appeal from termination because duties continue until proper inquiry/notice completed |
Key Cases Cited
- In re Isaiah W., 1 Cal.5th 1 (2016) (juvenile court has continuing duty to inquire; ICWA findings may be challenged on appeal from termination)
- In re Michael V., 3 Cal.App.5th 225 (2016) (agencies must notify BIA when tribe identity unknown; duty to make further inquiry)
- K.R., 20 Cal.App.5th 701 (2018) (agency must document efforts; appellate review should not fail for silent record on ICWA inquiry)
- In re Karla C., 113 Cal.App.4th 166 (2003) (requirement to provide as much identifying information of lineal ancestors as is known)
- In re Francisco W., 139 Cal.App.4th 695 (2006) (failure to notify appropriate tribes can require reversal and remand for proper notices)