Aug. 23, 2023 – In re Andres R. (4th Dist., Div. 2, E079972)

The Court of Appeal affirms the jurisdictional and dispositional orders. As to ICWA, agreeing with its prior decisions in Robert F. and JaO., the court finds that the expanded duty of initial inquiry imposed by WIC 224.2(b) is triggered only by warrantless removals [pursuant to WIC 306]. Accordingly, there was no ICWA error. The court disapproved CRC 5.481(a) to the extent it expanded the duty of initial inquiry beyond the limits imposed by the Legislature. Concurring opinion disagreeing with the majority’s interpretation of WIC 224.2(b).