In re Gilbert S. CA4/2

I.

INTRODUCTION

In this appeal from the dispositional order in a dependency case, defendant and

appellant, Kendra V. (Mother), contends respondent San Bernardino County Children

and Family Services (CFS) failed to comply with the duty of initial inquiry imposed by

state statutory provisions implementing the Indian Child Welfare Act of 1978 (

U.S.C. § 1901 et seq.; ICWA). We agree and remand for CFS to investigate and

report on the potential Indian ancestry of Mother’s children.

II.

BACKGROUND

On November 13, 2018, Imperial County Department of Social Services (IDSS)

filed a dependency petition on behalf of Mother’s two children, Isaiah N. (then age 3)

and Gilbert S., Jr. (then age 11 months), pursuant to Welfare and Institutions Code

section 300, subdivisions (b) and (g). Gilbert S. was the father of Gilbert, Jr., and Paul

N. is the father of Isaiah.

1 Undesignated statutory references are to the Welfare and Institutions Code. “In addition, because ICWA uses the term ‘Indian,’ we do the same for consistency, even though we recognize that other terms, such as ‘Native American’ or ‘Indigenous,’ are preferred by many.” (In re Benjamin M. (2021) 70 Cal.App.5th 735,…