In re Alliyah F. CA2/7
Grady F., Jr., the father of nine-year-old Alliyah F. and seven-year-old Caden F., appeals the August 12, 2021 order terminating his parental rights, contending the Los Angeles County Department of Children and Family Services (Department) failed to adequately investigate his claim of Indian ancestry and the juvenile court failed to ensure an appropriate inquiry had been conducted before concluding the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) did not apply to these proceedings.
The obligation to conduct such an investigation is clear: When there is reason to believe a child involved in a dependency proceeding is or may be an Indian child within the meaning of ICWA, the child protective agency filing the dependency petition—here, the Department—has a duty to make further inquiry regarding the possible Indian status of the child as soon as practicable.
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