In re N.M. CA4/3

INTRODUCTION

J.N. (Father) is the presumed Father of now six-year-old N.M., two-year- old M.N., and one-year-old V.N. (collectively, the children). The children were taken into protective custody in December 2019. Father appealed following the six-month review hearing. On appeal, he solely contends the Orange County Social Services Agency (SSA) failed to discharge its inquiry duties under the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) because it failed to inquire of Father’s mother (the paternal grandmother) and other extended family members of possible American Indian heritage. SSA has filed a motion asking this court to take additional evidence showing that (1) SSA has since discharged its inquiry duties by inquiring of several of Father’s relatives, including the paternal grandmother, who have all denied American Indian heritage, (2) the parties have stipulated that none of the children are Indian children within the meaning of ICWA, and (3) the juvenile court has made a further finding that ICWA does not apply. Based on that additional evidence, SSA moves this court to dismiss the appeal as moot. We grant SSA’s motion to take additional evidence under…