In re K.R. CA3

DISCUSSION

Father contends the orders terminating parental rights must be conditionally reversed because there was insufficient evidence the Department conducted a proper inquiry of known relatives in accordance with the ICWA and its California implementing provisions. The Department concedes the point, and we agree. “The ICWA protects the interests of Indian children and promotes the stability and security of Indian tribes by establishing minimum standards for removal of Indian children from their families, and by permitting tribal participation in dependency proceedings. [Citations.] A major purpose of the ICWA is to protect ‘Indian children who are members of or are eligible for membership in an Indian tribe.’ ” (In re A.W. (2019) 38 Cal.App.5th 655, 662.) Child welfare agencies and juvenile courts “have an affirmative and continuing duty” in every dependency proceeding to determine whether the ICWA applies by inquiring whether a child is or may be an Indian child. (§ 224.2, subd. (a).) This “ ‘duty to inquire begins with the initial contact, including, but not limited to, asking the party reporting child abuse or neglect whether the party has any

3 information that the child…