In re N.W-A. CA4/2

INTRODUCTION

Z.W (mother) appeals from the juvenile court’s jurisdictional and dispositional

orders as to her child, N.W-A. (the child). Mother’s sole contention on appeal is that the

juvenile court and the Riverside County Department of Public Social Services (DPSS)

failed to comply with their duty of initial inquiry under the Indian Child Welfare Act of

1978 (25 U.S.C. § 1901 et seq.) (ICWA) and related California statutes. DPSS concedes

error. We vacate the court’s finding that ICWA did not apply and remand for compliance

with ICWA and related California law, but otherwise affirm the jurisdictional and

dispositional orders.

PROCEDURAL BACKGROUND

On July 18, 2024, DPSS filed a Welfare and Institutions Code1 section 300

petition on behalf of the child, alleging he came within subdivisions (b) (failure to

protect) and (g) (no provision for support). The child lived with mother, and the

whereabouts of his father, L.A. (father), were unknown. A California Judicial Council

Forms, form ICWA-010 (Indian Child Inquiry Attachment) was filed with the petition,

stating that mother was questioned and gave DPSS a reason to believe the child was an

Indian child.

The social…