In re A.U. CA4/3

INTRODUCTION

We deal here with the question of whether a juvenile dependency court’s failure to follow its “affirmative and continuing duty to inquire” whether a subject minor “is or may be an Indian child” under the Indian Child Welfare Act (25 U.S.C. § 1901 et 1 seq.) (ICWA) constitutes reversible error. (See Welf. & Inst. Code, § 224.2, subd. (a).) ICWA was enacted to give Indian tribes concurrent jurisdiction with state courts in child custody proceedings involving Indian children. (See In re Benjamin M. (2021) 70 Cal.App.5th 735, 740 (Benjamin M.).) Under federal regulations implementing ICWA, as well as California state statutes, dependency courts must ask participants whether they know or have reason to know a subject minor is an Indian child and child protective agencies must conduct adequate inquiries on the matter. (In re Y.W. (2021) 70 Cal.App.5th 542, 551.) This appeal concerns two minors born to appellant Erica U. by two different fathers. Our record lacks evidence showing the proper inquiry was made. SSA argues this failure was not prejudicial because Erica offered no evidence, even on appeal, that either child is subject to ICWA, and there is no evidence in the…