Sep. 16, 2022 – In re J.K. (2nd Dist., Div. 6, B319316)

The Court of Appeal finds the ICWA duty of initial inquiry under WIC 224.2 was not satisfied and conditionally affirms the order terminating parental rights with a limited remand. The concurring opinion cautions that the child’s best interest should be the paramount concern. The dissenting opinion states that appellate courts “should not continue to slavishly adhere to the ICWA rules at the expense of the California Constitution.”