In re D.P. CA1/3
J.B. (mother) appeals from the juvenile court’s order terminating her parental rights over her son D.P. (born in 2018) under Welfare and Institutions Code section 366.26. She contends the juvenile court and the social services agency, Contra Costa County Children and Family Services (CFS), failed to comply with their inquiry duties under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law (§ 224).
We conclude the record does not demonstrate that the juvenile court satisfied its duty of inquiry, nor does it show CFS complied with its duty to inquire with extended family members regarding D.P.’s possible Indian ancestry. Therefore, there was a lack of substantial evidence to support the juvenile court’s finding that ICWA was inapplicable.
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