The Court of Appeal finds the ICWA inquiry conducted by the Department was inadequate. The court states that an ICWA inquiry must be conducted in every case, and that failure to conduct the inquiry constitutes a miscarriage of justice. Accordingly, the correct approach in ICWA inquiry appeals is to focus on the wider interest at play – i.e., the federal and state public policy of ensuring that potential Native American heritage is considered and inquired about in every dependency case.
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