In re D.G. CA4/1

DISCUSSION

I

Elisa contends the orders must be reversed because after Senior claimed he might

have possible Indian heritage, the court did not ensure that a reasonable inquiry was

conducted or proper notice was provided under ICWA. Senior joins her argument.

When a court knows or has reason to know that an Indian child is involved in a

juvenile dependency proceeding, a duty arises under ICWA to provide notice to the

Indian child's tribe of the pending proceedings and the tribe's right to intervene.

(25 U.S.C. § 1912(a); § 224.3, subds. (a) & (d).) "Alternatively, if there is insufficient

reason to believe a child is an Indian child, notice need not be given." (In re Shane G.

(2008) 166 Cal.App.4th 1532, 1538.) Notice requirements are meant to ensure that the

child's Indian tribe will have the opportunity to intervene and assert its rights in the

proceedings. (In re Kahlen W. (1991) 233 Cal.App.3d 1414, 1421.)

An Indian child is defined as any unmarried person under age 18 and either (a) a

member of an Indian tribe, or (b) eligible for membership in an Indian tribe and the

biological child of a member of an Indian tribe. (25 U.S.C. § 1903(4).) The…