In re J.W. CA4/1

I.

INTRODUCTION

This is the second of two appeals brought by H.H. (Mother) regarding Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) findings made during juvenile dependency proceedings for Mother’s minor son, J.W. In her first appeal, Mother challenged the juvenile court’s finding that ICWA did not apply at a jurisdictional and dispositional hearing. Nearly eight months later, while her first appeal was still pending, Mother filed a second appeal challenging the juvenile court’s subsequent finding that ICWA did not apply

at a Welfare and Institutions Code section 366.21(e)1 hearing. Although we resolved Mother’s first appeal and remanded for the limited purpose of requiring compliance with ICWA, Mother’s second appeal remains pending. As before, this appeal concerns whether the San Diego County Health and Human Services Agency (Agency) failed to conduct an adequate initial inquiry into minor J.W.’s potential Native American ancestry, as required by ICWA. The Agency concedes its initial inquiry under ICWA was deficient and that the error was prejudicial. We accept the Agency’s concession, conditionally reverse the court’s order, and remand for the limited purpose of…