Jul. 19, 2022 – In re J.W. (2nd Dist., Div. 8, B313447)

The Court of Appeal concludes the juvenile court erred in determining that ICWA did not apply despite the fact that DCFS was in contact with mother’s extended family members yet failed to ask them about their Indian ancestry, in violation of WIC 224.2. However, the court concludes the error was harmless because J.W. was placed for adoption with her maternal grandmother and because nothing in the record suggested that J.W. had Indian heritage. The dissenting opinion would have found prejudice.