In re H.G.

Since the start of these dependency proceedings, the juvenile court and Ventura County Human Services Agency (HSA) have believed the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) does not apply. Evidence submitted for the first time on appeal, however, establishes that the children, who are of Eskimo descent, are Indian children under ICWA. We discuss the remedy.

The father (father) and the mother (mother) appeal from the order terminating parental rights to their two minor children (minors) and selecting adoption as the permanent plan. (Welf. & Inst. Code, § 366.26.) Three years ago, father submitted a Judicial Council form ICWA-020 claiming possible Eskimo heritage. HSA informed the juvenile court that ICWA does not apply to Eskimo families. The juvenile court agreed and found ICWA inapplicable. HSA concedes this was error. The federal definition of “Indian” includes “Eskimos and other aboriginal peoples of Alaska.” ( 25 U.S.C. § 479 ; see In re B.R. (2009) 176 Cal.App.4th 773, 783 [ 97 Cal.Rptr.3d 890 ].)

To avoid a remand to ensure ICWA notice compliance, HSA sent form ICWA-030 notices to four native entities, including the Noorvik Native…