Jun. 14, 2022 – In re Dezi C. (2nd Dist., Div. 2, B317935)

The Court of Appeal finds the Agency did not properly discharge its statutory duty under the ICWA to inquire of extended family members regarding a child’s possible American Indian heritage but finds the error harmless. The court creates a “fourth rule” for assessing harmlessness: An Agency’s failure to discharge its statutory duty of initial inquiry is harmless unless the record, which includes any further proffer the appealing party makes on appeal, contains information suggesting a reason to believe that the children may be Indian children.