In Re Damian C.
Opinion
Opinion
Valerie N. Lankford, under appointment by the Court of Appeal, for Minor.
McCONNELL, P. J.
D.C. appeals jurisdictional and dispositional orders concerning her son, Damian C. She contends the court erred by finding the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.) (ICWA) did not apply in this case and by not requiring the San Diego County Health and Human Services Agency (the Agency) to make adequate inquiry and provide notice to the relevant Indian tribes. We affirm the jurisdictional and dispositional orders, but remand the case for the limited purpose of compliance with ICWA inquiry and notice requirements.
On February 2, 2009, the Agency petitioned on behalf of one-year-old Damian on the basis of D.C.'s drug abuse. The court ordered Damian detained.
The social worker inquired of the alleged father, Jason H., and the maternal grandparents whether there was American Indian heritage in Damian's family by asking them the following questions:
"[1.] Has anyone in the family ever lived on a reservation?
"[2.] Has anyone in the family ever received any financial, medical or educational assistance from a tribe?
"[3.] Does anyone in the family speak the Native…