Adoption of M.R.

Good Law
Court of Appeal of CaliforniaOctober 21, 2022C095856California2,042 words

Opinion

Opinion

Duarte, J.

DISCUSSION

Father contends the trial court and its appointed investigator failed to make an adequate inquiry of extended family members to determine if the minor had Indian ancestry. He further argues that the court failed to make findings on the application of the ICWA in this case. Grandmother responds only that any error was harmless. Because the trial court made neither express nor implied findings as to application of the ICWA, given the requirements of the statutes on which the trial court relied in making its ruling and the lack of information before it at the time of entry of judgment, we will conditionally reverse and remand the matter for ICWA compliance, including entry of the required findings. I Applicable Law “ ‘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

3 proceedings. [Citations.] A major purpose of the ICWA is to protect “Indian children who are members of or are eligible for membership in an Indian tribe.” ’ ” (In re G.A. (2022) 81 Cal.App.5th 355, 360 (G.A.).)…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.