In re D.M. CA2/1
Following the birth of each of mother Cynthia R.’s and father D.M. Sr.’s three children, the Los Angeles County Department of Children and Family Services (the Department), filed a petition alleging substantial risk of harm to the child based on the parents’ current substance abuse. Three and a half years after the first petition was filed, the juvenile court terminated parental rights as to each child. During those years, Mother denied eight times that she or her children had Indian ancestry. As to the first child, Father denied Indian ancestry, and paternal grandmother denied that she or Father had Indian ancestry.
Mother’s sole contention on appeal is that the Department failed to comply with its duty under state law implementing the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) to inquire of extended family members whether her children may be Indian children. (See Welf. & Inst. Code, § 224.2.) Mother argues this error was prejudicial.
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