Aug. 25, 2022 – In re Ricky R. (4th Dist., Div. 2, E078646)

The Court of Appeal finds the Department prejudicially erred by failing to comply with its duty of initial inquiry under WIC 224.2 when it failed to inquire of extended family members. The court denies the Department’s motion to dismiss the appeal and declines to consider postjudgment evidence of ICWA inquiries conducted while the appeal was pending. The court explains that it is the role of the juvenile court to consider in the first instance whether the Department discharged its duties under ICWA and related state law.

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