Jul. 21, 2023 – In re Delila D. (4th Dist., Div. 2, E080389)

The Court of Appeal holds that the Legislature enacted WIC 224.2(b) to impose on departments a broad duty to inquire that applies regardless of how a child is initially removed from the home. Disagreeing with In re Robert F. (2023) 90 Cal.App.5th 492, the court states there is no practical difference between children taken by warrant and those taken without a warrant, so there is no reason to distinguish between them for ICWA inquiry purposes. The dissenting opinion finds WIC 224.2(b) is only applicable when the child is placed in temporary custody pursuant to WIC 306, not WIC 340.