In re L.C. CA3

DISCUSSION

Mother contends the Department failed to comply with the ICWA by failing to send notice of the proceedings to the tribe she identified.

The ICWA protects the interests of Indian children and promotes the stability and security of Indian tribes by establishing minimum standards for, and permitting tribal participation in, dependency actions. (25 U.S.C. §§ 1901, 1902, 1903(1), 1911(c), 1912.)

3 On appeal mother concedes that the appropriate federally recognized tribe is the Blackfeet Tribe.

3 The juvenile court and the Department have an affirmative duty to inquire at the outset of the proceedings whether a child who is subject to the proceedings is, or may be, an Indian child. (Cal. Rules of Court, rule 5.481(a).) After the initial inquiry, if there is reason to know an Indian child is or may be involved, the Department is required to make further inquiry by interviewing the minor’s parents and extended family, if known, concerning the child’s membership status or eligibility. (§ 224.3, subd. (c); Cal. Rules of Court, rule 5.481(a)(4).) Where, after inquiry, the court “knows or has reason to know that an Indian child is involved,” notice of the pending proceeding…