In re B.R. CA3

DISCUSSION

Mother contends the Department’s inquiry into the minor’s possible Native American ancestry was insufficient because, although the parents denied Native American ancestry, there is no evidence the Department followed -up with any of the known extended family members to inquire whether they knew of possible Native American ancestry.3 She contends the juvenile court’s findings that the ICWA inquiry and notice requirements had been satisfied and the ICWA does not apply were thus unsupported by the evidence. The Department agrees. “ ‘The ICWA protects the interests of Indian children and promotes the stability and security of Indian tribes by establishing minimum standards for removal of Indian children from their families, and by permitting tribal participation in dependency proceedings. [Citations.] A major purpose of the ICWA is to protect “Indian children

Although mother’s briefing asserts that both parents “denied Indian ancestry,” we note that father’s initial assertion that he did “not believe so” when asked if he had any Native American ancestry is a somewhat equivocal response rather than a firm denial of such ancestry. Although it was also reported that…