In re A.H. CA4/1

Good Law
Court of Appeal of CaliforniaOctober 5, 2022D080504California1,269 words

Opinion

Opinion

Rourke, J.

DISCUSSION

ICWA provides: “In any involuntary proceeding in a State court, where the court knows or has reason to know that an Indian child is involved, the party seeking the foster care placement of, or termination of parental rights to, an Indian child shall notify the parent or Indian custodian and the Indian child’s tribe” of the pending proceedings and their right to intervene. (25 U.S.C. § 1912(a); In re Isaiah W. (2016) 1 Cal.5th 1, 8.) California law also requires such notice. (§ 224.3, subd. (a) [“If the court [or] a social worker . . .

A.H., L.H., N.H., J.H., Jr., and Le.H., the appeal filed on June 7, 2022, is dismissed as to these children. (In re Sade C. (1996) 13 Cal.4th 952, 994.) Because Father’s sole contention on appeal challenges the compliance by the Agency with its section 224.2, subdivision (b) initial inquiry duties, we limit our discussion of the facts and procedural history to information necessary to determine that issue.

The maternal grandmother denied that she or Mother J.M., who is deceased, had any Native American heritage.

3 knows or has reason to know . . . that an Indian child is involved, notice pursuant to [ICWA] shall be provided…

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