D.C.
San Diego County Health & Human Services Agency v. D.C.
Opinion
lead Opinion
McConnell, 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.
*195 FACTUAL AND PROCEDURAL BACKGROUND
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:
Jason and the maternal grandparents answered “no” to each question. The social worker completed and attached Judicial Council form ICWA-010(A) to her report. She said she had questioned Jason and the maternal grandparents and she reported Damian had no known Indian…