In re W.B.

Passed in 1978, the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.) (ICWA, or the Act) formalizes federal policy relating to the placement of Indian children outside the family home. State courts presiding over adoption, guardianship, and dependency matters have become familiar with the many requirements of this federal law. Historically, however, ICWA provisions have not been applied in the juvenile delinquency context because ICWA includes an express exemption for placements “based upon an act which, if committed by an adult, would be deemed a crime.” ( 25 U.S.C. § 1903 (1).)

The minor argues state legislation has expanded ICWA to delinquency proceedings under Welfare and Institutions Code section 602. The Courts of Appeal have considered the question with varying results. Here, we determine the federally required scope of ICWA in juvenile delinquency proceedings and whether our Legislature has expanded those requirements. Consistent with the federal statutes, we hold that California law requires the court to inquire about a child’s Indian status at the outset of all juvenile proceedings, but that ICWA’s additional procedures are not required in most delinquency ,…