Fear Not Law CA Unpub Decisions

In re R.J. CA4/2

Filed 10/20/26 In re R.J. CA4/2
CA Unpub Decisions

Filed 10/20/26 In re R.J. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re R.J., a Person Coming Under the
Juvenile Court Law.
RIVERSIDE COUNTY DEPARTMENT
OF PUBLIC SOCIAL SERVICES,
E087898
Plaintiff and Respondent,
(Super.Ct.No. SWJ1500502)
v.
OPINION
B.R. et al.,

Defendants and Appellants.

APPEAL from the Superior Court of Riverside County. Kelly L. Hansen, Judge.

Affirmed.

Brent Riggs, under appointment by the Court of Appeal, for Defendant and

Appellant B.R.

Jack A. Love, under appointment by the Court of Appeal, for Defendant and

Appellant M.J.

Minh C. Tran, County Counsel, Jamila T. Purnell, Chief Assistant County Counsel,

and Catherine E. Rupp, Deputy County Counsel, for Plaintiff and Respondent.

1
Parents M.J. (father) and B.R. (mother) appeal the reinstatement by the Riverside

County juvenile court of the order terminating their parental rights as to R.J. (the child)

following a remittitur hearing to ensure compliance with the inquiry provisions set forth

in Welfare and Institutions Code section 224.2 and rule 5.481 of the California Rules of

Court, California’s provisions designed to implement and enhance the federal Indian

Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.), often referred to herein as

Cal-ICWA.1 We will affirm.

BACKGROUND

1. The Relevant Cal-ICWA Inquiry Requirements and Standard of Review

Section 224.2 provides in relevant part that, if a county welfare department (the

county) takes a child into protective custody, it is required to ask the child, the parents,

extended family members, and others who have an interest in the child whether the child

is or may be an Indian child and where the child and parents are domiciled (the initial

inquiry). (§ 224.2, subd. (b)(1).) An “ ‘Indian Child’ ” is any unmarried person under

age 18 who is either (a) a member of an Indian tribe or (b) eligible for membership in an

Indian tribe and the biological child of a member of an Indian tribe. (25 U.S.C

§ 1903(4).)

If the initial inquiry results in a reason to believe a child is an Indian child because

the court or social worker obtains information suggesting that either the parent of the

1 All statutory references are to the Welfare and Institutions Code unless otherwise
indicated. All references to rules are to the California Rules of Court.

2
child or the child is a tribal member or citizen (or may be eligible for membership or

citizenship in a tribe), then the county must make further inquiries, including

interviewing the parents and extended family members for any further information they

may have as well as contacting the Bureau of Indian Affairs (BIA) and State Department

of Social Services, the tribes the child may be affiliated with, and anyone else who may

have information regarding the child’s membership or eligibility for membership in a

tribe. (§ 224.2, subd. (e)(2) (§ 224.2(e)(2)); In re Dezi C. (2024) 16 Cal.5th 1112, 1132-

1133 (Dezi C.).)

At the further inquiry stage, “[c]ontact with a tribe shall, at a minimum, include

telephone, facsimile, or electronic mail contact to each tribe's designated agent for receipt

of [ICWA] notices,” and “shall include sharing information identified by the tribe as

necessary for the tribe to make a membership or citizenship eligibility determination, as

well as information on the current status of the child and the case.” (§ 224.2, subd.

(e)(2)(C).)

Rule 5.481(a)(5) requires the county to include in its filings on an ongoing basis a

detailed description of (i) all ICWA inquiries undertaken, (ii) all information it received

pertaining to the child’s Indian status, and (iii) how and when the information received

was provided to the relevant tribes. Whenever the county receives new information, that

information must be expeditiously provided to those tribes using, at minimum, telephone,

facsimile transmission, or electronic mail to each tribes’ designated agent for receipt of

notices. (§ 224.2, subd. (e)(2)(C); rule 5.481(a)(5).)

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If the county makes diligent, proper, and adequate further inquiries as required by

section 224.2(e)(2) and the resulting record does not provide a reason to know the child is

an Indian child, then the juvenile court may find ICWA does not apply to the

proceedings.2 (§ 224.2, subd. (i)(2).)

The juvenile court is afforded relatively broad discretion in making a no-ICWA

finding and reviewing courts will uphold its determination on appeal if it is supported by

sufficient evidence and documentation in the record. (Dezi C., supra, 16 Cal.5th at

pp. 1132-1133.) If, however, a record is not well developed because inquiry was not

properly undertaken and reported as required, then the juvenile court’s discretion

necessarily becomes more limited. (Id., at pp. 1141, 1151.) In those cases, conditional

reversal is required because, until the county gathers, shares, and documents the

information required by Cal-ICWA, it is not possible to know what information a

properly conducted inquiry might reveal. (Id., at pp. 1136, 1152.)

2 There is reason to know a child in a proceeding is an Indian child under any of
the following circumstances: “(1) A person having an interest in the child, including the
child, an officer of the court, a tribe, an Indian organization, a public or private agency, or
a member of the child’s extended family informs the court that the child is an Indian
child. [¶] (2) The residence or domicile of the child, the child’s parents, or Indian
custodian is on a reservation or in an Alaska Native village, as defined in subdivision (c)
of Section 1602 of Title 43 of the United State Code. [¶] (3) Any participant in the
proceeding, officer of the court, Indian tribe, Indian organization, or agency informs the
court that it has discovered information indicating that the child is an Indian child. [¶] (4)
The child who is the subject of the proceeding gives the court reason to know that the
child is an Indian child. [¶] (5) The court is informed that the child is or has been a ward
of a tribal court. [¶] (6) The court is informed that either parent or the child possess an
identification card indicating membership or citizenship in an Indian tribe.” (§ 224.2,
subd. (d).)

4
2. The Juvenile Court Proceedings Leading to the Parents’ First Appeal3

In June 2023, respondent Riverside County Department of Public Social Services

(the Department) filed a juvenile dependency petition alleging the child came within

section 300. The juvenile court sustained the petition, adjudged the child a dependent of

the court, and removed him from parental custody. Reunification services for the parents

were bypassed and the juvenile court set the case for a section 366.26 permanent plan

selection hearing.

In June 2024, while the section 366.26 hearing was pending, the paternal

grandparents, who had initially denied the child had any Indian ancestry, reported the

paternal grandfather had Cherokee ancestry on his mother’s side of the family but had no

birth certificates or other documents to support that claim.

In July 2024, the Department sent electronically and by certified mail an “ICWA

Further Inquiry Letter” to the Cherokee Nation, the Eastern Band of Cherokee Indians

(the Eastern Band), the United Keetoowah Band of Cherokee Indians (the United

Keetoowah Band), and the BIA. The inquiry letter set forth the names and birth dates of

the child, the parents, and the paternal grandparents but did not include any identifying

information about the paternal grandfather’s maternal relatives.

In response to the July 2024 inquiry, two tribes (the United Keetoowah Band and

the Eastern Band) informed the Department that the child was not a member or eligible to

3 We take judicial notice on our own motion of the record and opinion in the
parents’ prior appeal, our case No. E084694. (Evid. Code, §§ 452, subd. (d), 459, subd.
(a).)

5
be a member of the tribe, and the third tribe (the Cherokee Nation) said the child was not

an Indian child in relation to that tribe. In September 2024, the juvenile court terminated

the parents’ rights as to the child and the parents appealed.

3. The Parents’ Appeal Results in Conditional Reversal of the Order Terminating

Parental Rights

On appeal, we held the evidence was insufficient to support the juvenile court’s

no-ICWA finding because the Department had not complied with its duty of further

inquiry after the paternal grandfather reported he had Cherokee ancestry on his mother’s

side of the family. (In re R.J. (July 14, 2025, E084694) [nonpub. opn.], petn. review den.

Oct. 22, 2025, S292569 (R.J.I).) We found the paternal grandfather’s information

provided reason to believe the child may be an Indian child and, at that juncture, the

Department was required to ask readily available family members, including extended

family members, and others who have an interest in the child if they had information

about the paternal ancestors that might bear meaningfully on the question whether ICWA

applied to the proceedings. (§ 224.2, subd. (e)(2)(A); In re Benjamin M. (2021) 70

Cal.App.5th 735, 742, disapproved on other grounds in Dezi C., supra, 16 Cal.5th at

p. 1152, fn. 18; see In re Josiah T. (2021) 71 Cal.App.5th 388, 408 [“the court may not

find that ICWA does not apply when the absence of evidence that a child is an Indian

child results from a [child services agency’s] inquiry that is not proper, adequate, or

demonstrative of due diligence”].)

We conditionally reversed the order terminating the parents’ rights as to the child

and remanded with instructions to the juvenile court to order the Department to make

6
further ICWA inquiries, to provide any information obtained to the pertinent tribes, and to

provide the juvenile court with a detailed description of all inquiries undertaken, and all

information received pertaining to the child’s Indian status. (R.J.I, supra, E084694.)

4. The Department’s Further Inquiries and the Remand Proceedings Ultimately

Resulting in Reinstatement of the Order Terminating Parental Rights

In October 2025, after our opinion in R.J.I, supra, E084694 became final and the

remittitur issued, the Department advised the juvenile court it was already working on

curing the ICWA inquiry deficiencies noted in the opinion but needed time to file the

report. The juvenile court reappointed counsel for the parents “for the sole purpose of the

ICWA inquiry,” instructed the Department to file a report detailing actions taken to

comply with instructions on remand set forth in R.J.I, and set a hearing on the remittitur

for December 12, 2025.

(a) The Department’s Efforts to Obtain Additional Information Relevant to the

Child’s Status Under ICWA

Shortly after we issued R.J. I, supra, E084694 in July 2025, the Department began

making further inquiries to obtain information relevant to the child’s ICWA status.

(i) Social worker Tracy Valoff’s interview of the paternal grandparents

In August 2025, social worker Valoff met with the paternal grandparents. The

paternal grandmother reported that she had no knowledge of any Native American

ancestry in her family and denied ever attending tribal school or ever receiving medical,

financial, or other benefits from a tribe (collectively, tribal services). She had never

7
heard of anyone in her family having Native American ancestry or receiving any tribal

services and did not have contact information for any of her family members.

The paternal grandfather reported his grandmother (the paternal great-great-

grandmother) had been adopted and he had been told by his parents that the paternal

great-great-grandmother was originally from Arkansas, she was half Cherokee Indian,

and she had died “possibly in 1960.” He said everyone in the family with additional

information about the paternal great-great-grandmother had passed away except his sister

(the paternal great-aunt). The paternal grandfather had never lived on an Indian

reservation, had never received financial assistance from a tribe, and he was not

registered with or eligible for enrollment in a tribe.

In a September 2025 follow-up interview, the paternal grandfather told social

worker Valoff the paternal great-great-grandmother’s adoptive surname, that she was

possibly born in 1896, and they did not have her birth certificate or any other

information. He gave Valoff the names of his father, his maternal and paternal

grandparents, his grandmothers’ maiden names, and the names and contact information

for the child’s half-siblings.

(ii) Social worker Valoff’s interview of the paternal great-aunt

In a November 2025 interview, the paternal great-aunt, who lives in Arkansas, said

the paternal great-great-grandmother was half Indian and born around 1895 but the aunt

could not identify the Indian tribe the paternal great-great-grandmother was related to.

The great-aunt reported none of her relatives had lived on an Indian reservation or had

received any tribal services, and there were no relatives (other than the paternal

8
grandfather with whom Valoff had already spoken) who would have any additional

information about the family’s Native American heritage.

(iii) Valoff’s interview of the parents

In a November 2025 telephone call with the parents, father told Valoff that he had

heard the paternal great-great-grandmother had Cherokee ancestry “from Oklahoma or

Arkansas,” adding that she was on the Dawes Rolls as a certified Native American but he

did not know if she ever lived on an Indian reservation or received financial assistance

from a tribe.4 Father denied being an enrolled member of a tribe and did not know if he

was eligible for enrollment, and said he had no additional information to provide but that

his father (the paternal grandfather) would know more. Mother denied any Indian

ancestry and was unaware of any family member living on an Indian reservation or

receiving any financial assistance from any tribe, and said she had no other relatives that

could be contacted for further inquiry.

(iv) Interview of the paternal half-siblings

Social worker Valoff also personally interviewed the child’s paternal half-sister.

The half-sister had no knowledge of any extended family members having Native

American ancestry, she had not lived on an Indian reservation or received any financial

assistance from a tribe, and said she was not registered with, or eligible for enrollment in,

a tribe.

4 In 1896, Congress directed the Dawes Commission to create membership rolls of
the so-called Five Civilized Tribes of Oklahoma, which included the Cherokee Nation.
(Vann v. Kempthorne (D.C. Cir. 2008) 534 F.3d 741, 744.)

9
A social services supervisor interviewed the child’s paternal half-brother who was

being held in the Robert Presley Detention Center. The half-brother said he possibly had

Native American ancestry on his father’s side of the family but was not sure, he thought

perhaps father or the paternal grandfather had said something along those lines but had

not mentioned a particular tribe. The half-brother identified himself as white and

Hispanic, and told the supervisor he never lived on an Indian reservation or received any

tribal services.

(b) The Department’s November 2025 New Information Inquiry Letter to the

Cherokee Tribes and the BIA

On November 13, 2025, the Department sent electronically and by certified mail

to the BIA and the three Cherokee tribes a “new information” letter. (Boldface and

capitalization omitted.) The letter noted the paternal grandfather had provided the

paternal great-great-grandmother’s birth name and her adopted surname, and said she was

thought to be half Cherokee from Arkansas or Oklahoma, was “possibly born in 1896”

and “possibly” died in the 1960’s, that she was listed in the Dawes Rolls, and that neither

the father nor the paternal grandfather are registered tribal members.5 The letter also

informed the recipients that a remittitur ICWA hearing had been set.6

5 The letter to the tribe states father said “he” is listed on the Dawes Rolls list,
which appears to us to be a typographical error; it seems the sentence was intended to say
“she” (referring to the paternal great-great-grandmother) is listed on the Dawes Rolls list.

6 We note the letter stated the hearing was set for “12/1/2025”; the hearing date
was noticed for December 2, 2025, but had in fact been set for December 12, 2025.

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(c) The December 12, 2025 Remittitur Hearing

In anticipation of the December 12, 2025 remittitur hearing set for review of the

Department’s postremittitur compliance with the inquiry requirements, the Department

submitted a report detailing its efforts to discover additional information concerning the

family’s Indian ancestry and its transmission of that information to the tribes on

November 13.

No response to the Department’s November 13, 2025 updating information

correspondence had been received from any of the tribes by the time of the hearing. At

the hearing, mother’s counsel represented she had received information from mother that

day of a “rolls number” from the Eastern Band and requested a continuance to determine

if the paternal great-great-grandmother was a registered member of the Eastern Band and,

if so, whether the child is eligible for enrollment in that tribe.

The juvenile court continued the matter until January 12, 2016, to permit the

Department to provide the new information to the Eastern Band and cautioned the parents

to provide forthwith to the Department any additional information they had, that the court

would not permit further delay in the child’s case on account of “getting pieces [of

information] here and there” with respect to ICWA inquiry. It authorized the Department

to present an oral report to the court of the Eastern Band’s response concerning the

child’s membership or enrollment eligibility.

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(d) The Department’s December 2025 Amended Information Letter to the BIA and

the Tribes, and the Parties’ No-IWCA Stipulation at the Postpermanency Hearing

On December 17, 2025, five days after the December remittitur hearing, the

Department sent electronically and by certified mail to the BIA and the three Cherokee

tribes an “amended information” letter containing new details provided by the parents

and informing the recipients of the new hearing date of January 12, 2026. The new data

included several “AKA” (also known as) names for the parents, the paternal grandfather,

and the paternal great-great-grandmother, as well as a “certificate number,” a “rolls

number” and a “volume range” provided by mother. (Boldface and capitalization

omitted.) Also added were the names of a person identified only as a paternal relative

provided by the paternal grandfather, a person mother recollected was the paternal great-

great-grandfather, and another person also identified as a paternal great-great-grandfather.

On December 30, 2025, the parties stipulated to, and the juvenile court accepted, a

postpermanency planning hearing and order, which included an agreement that ICWA did

not apply to the proceedings.

(e) The Department’s January 2026 Addendum Report and Additional Information

Letter, and Continuance of the Remittitur Hearing

On December 23, 2025, the parents advised social worker Valoff of their discovery

of further information about father’s Indian ancestry on Ancestry.com, which they would

review and email to Valoff. When an email was not forthcoming, Valoff called the

parents on January 5, 2026, and mother sent the Ancestry.com report to her the next day.

12
The new information consisted of three additional “AKA” names for the paternal

great-great-grandmother as well as an additional death and birth date for her, a birthdate

for the one of the two paternal great-great-grandfathers previously identified, and a birth

year for the paternal relative previously listed.

The Ancestry.com report did not tie the paternal great-great-grandmother to

Arkansas or Oklahoma but instead showed (i) she was born in Indiana to a father from

Tennessee and a mother from Kentucky, and (ii) that she and one of the persons named as

a paternal great-great-grandfather had a daughter (L.J.) born in Indiana who appears to be

the same person previously identified by the paternal grandfather as a paternal relative.

On January 7, 2026, the Department sent to the tribes and the BIA an additional

information letter containing the new data and enclosed copies of the Ancestry.com

report, including L.J.’s birth certificate. It also filed a report advising the court of the

status and details of its inquiry efforts. Those efforts included a telephone conversation

Valoff had with a person (whose official capacity, if any, is unknown) who answered

Valoff’s call to the Eastern Band’s “tribal registration number.” That person said

enrollment of the child in the tribe would require production of birth and, as applicable,

death certificates of all individuals related to the child who may have Cherokee ancestry.

On January 12, 2026, the juvenile court continued the remittitur hearing to

February 19, 2026, to permit time for receipt of any responses to the Department’s

inquiries.

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(f) The Order Terminating Parental Rights Is Reinstated at the February 2026

Remittitur Hearing

The Eastern Band and Cherokee Nation did not respond to the Department’s

January 7, 2026, updated inquiry by the time of the February 19, 2026, hearing on the

remittitur. The United Keetoowah Band responded to the Department’s updating

information letters, though the response does not indicate whether the tribe was

responding to the December 2025 update or to the January 2026 update. It reported the

child did not meet ICWA’s definition of an Indian child.

At the hearing, mother argued the information provided to the Department

indicated the child may be an Indian child and, therefore, “the Department needs to make

efforts in order to register [the] child as a tribal member.” Father expressed his belief that

the Department has “the resources and the ability to do the registration of the child.”

After discussing whether the Department has the duty to register the child with a

tribe, the juvenile court found there was no reason to believe the child is an Indian child,

noting the Department made diligent efforts to determine if ICWA applied to the

proceedings and none of the tribes responded that the child is an Indian child.

Accordingly, the juvenile court reinstated its order terminating the parents’ rights as to the

child. The parents appealed.

DISCUSSION

The parents argue reversal of the juvenile court’s order reinstating the termination

of their parental rights as to the child is called for because (i) the juvenile court’s no-

ICWA finding was based on a finding unsupported by evidence that the United

14
Keetoowah Band’s blood quantum requirement for membership in that tribe applied as

well to membership in the Eastern Band and Cherokee Nation; (ii) the Department had

not fully complied with its duty of further inquiry because it did not obtain birth and

death certificates of the child’s lineal ancestors; (iii) the court failed to order the

Department to ascertain what documents or information the Eastern Band and Cherokee

Nation needed to determine the child’s eligibility for membership in those tribes and to

require the Department to assume the burden and costs of producing whatever

information and documents it discovered; and (iv) the juvenile court abused its discretion

when it declined to grant the parents’ request for a continuance of the February 19, 2026

remittitur hearing to give the Department time to establish the child’s eligibility for

enrollment in “the Cherokee tribe.”

We are not persuaded and will find the juvenile court’s no-ICWA finding is

supported by substantial evidence.

1. The Juvenile Court Did Not Find ICWA Inapplicable Based on an Assumption

That the Eastern Band and Cherokee Nation Have a Blood Quantum

Requirement

Mother, joined by father, claims the juvenile court’s no-ICWA finding was

improperly bottomed on an assumption that the child lacked the necessary blood quantum

to meet the membership requirements of the Eastern Band and Cherokee Nation. They

are mistaken.

On January 16, 2026, the United Keetoowah Band advised the Department that,

based on its review and research of its tribal registry, the child was not an Indian child. It

15
also noted that all members of that tribe, without exception, must have a Certificate of

Degree of Indian Blood indicating at least one-quarter Keetoowah blood and must also

have direct ancestry to an individual listed on the 1949 Keetoowah Base Roll or the

Dawes Roll. In discussions with counsel during the remittitur hearing about the United

Keetoowah Band’s response and the child’s paternal great-great-grandmother, the

juvenile court noted “the Cherokee tribe says [the blood quantum] has to be a quarter,

which mean[s] a grandparent at the most[] [a]nd if you’re at [the] great-grandparent level,

then you’re not qualified.”

Contrary to the parents’ assertions, the juvenile court’s remark is not a finding of a

blood quantum requirement for membership in the Eastern Band or Cherokee Nation but

rather it is an acknowledgment of the United Keetoowah Band’s membership

requirement. The record establishes the court’s determination that ICWA is inapplicable

to the proceedings was based upon its finding that the Department fully complied with its

duty of further inquiry, no tribe had responded that the child is an Indian child, and there

was no reason to believe he is an Indian child.

2. The Parents’ Claims of Inadequate Cal-ICWA Compliance Are Unavailing

Father argues the juvenile court erred in two respects: it did not require the

Department to make an effort to obtain birth and death certificates to establish the child’s

eligibility for enrollment in a Cherokee tribe and it did not grant mother’s request for a

continuance of the remittitur hearing to permit the Department to accomplish that task.

Mother, joined by father, argues the juvenile court erred when it did not continue

the hearing with an order requiring the Department (i) to ascertain and obtain at its

16
expense any documents and information the Eastern Band and Cherokee Nation deemed

necessary for determining the child’s eligibility for membership in those tribes, (ii) make

efforts “to complete required tribal forms, obtain ancestral birth and death certificates,

and complete any DNA testing needed to tribally register [the child].”7

Each of the parents’ arguments suffer from the same fallacious foundation that the

Department’s further inquiry obligations imposed by Cal-ICWA includes determining the

tribes’ prerequisites for membership and making efforts to satisfy those requirements on

behalf of the child. In Dezi C., California’s Supreme Court stated that “it bears emphasis

that ‘the obligation is only one of inquiry and not an absolute duty to ascertain or refute

Native American ancestry.’ ” (Dezi C., supra, 16 Cal.5th at p. 1143.)

In an effort to support her duty-to-undertake-enrollment-efforts claim, mother

points to the opinion in Guardianship of Saul H. (2022) 13 Cal.5th 827, 849 (Saul H.) not

only for the proposition that the Department should undertake and pay for efforts to

“tribally register” the child because the parents are impoverished but also argues without

benefit of a separate heading that Saul H. calls for de novo review in this case because the

juvenile court did not hold an evidentiary hearing on ICWA’s applicability to the

proceedings.8

7 Mother sometimes limits her arguments to the child’s eligibility for membership
in the Eastern Band; at other times, she refers to both the Eastern Band and the Cherokee
Nation. For the purposes of our discussion, we treat her arguments and those of father as
encompassing both of those tribes.

8 We remind counsel that rule 8.204(a)(1)(B) requires each point to be stated under
a separate heading or subheading summarizing the point.

17
In Saul H., a young teenager from El Salvador fled that country against his

parents’ wishes to escape gang violence and came to the United States. (Saul H., supra,

13 Cal.5th at p. 836.) His petition to the probate court for issuance of the predicate

findings needed to support his application for special United States immigration status

was denied on the grounds (i) the teen’s inability to reunify with his parents was due to

their poverty, not because of abuse, neglect, abandonment, or other similar basis under

California law, and (ii) a failure to find that it would not be in Saul’s best interests to be

returned to El Salvador. (Id., at pp. 836-837.)

The California Supreme Court reversed. (Saul H., supra, 13 Cal.5th at p. 837.) In

the course of agreeing with Saul’s argument that it was error to focus on his family’s

poverty instead of the risks he would face if returned to his native county, the Supreme

Court acknowledged that a trial court may not terminate parental rights unless the state

has first made efforts to assist a parent suffering from poverty, citing this court’s opinion

in In re Serenity S. (2020) 55 Cal.App.5th 355, 374 [where family bonds are strained by

the incidents of poverty, the social services department must take steps to assist the

family, not simply remove the child and leave the parent on their own to resolve their

condition and recover their children] (Serenity S.). (Saul H., at p. 849.)

This case is readily and decisively different from Saul H. and Serenity S. The duty

of further inquiry is not, as mother suggests, akin to a “predicate finding” necessary to

establish special immigrant juvenile status. The child was not removed and his parents’

rights to him were not subsequently terminated because his parents are impoverished.

And, there is simply no support in ICWA or Cal-ICWA for the notion that the Department

18
is required to register a child in a tribe where, as here, no tribe has determined the child is

an Indian child. Indeed, in In re Abbigail A. (2016) 1 Cal.5th 83, 88, 92-93, the

California Supreme Court invalidated former rule 5.482(c), which had inter alia required

membership applications to be made on behalf of children who had not been determined

to be Indian children and, as mentioned ante, the court recently emphasized in Dezi C.,

supra, 16 Cal.5th at page 1143, that the Department’s obligation under ICWA and Cal-

ICWA “is only one of inquiry.”

The parents’ assertion that the juvenile court should have conducted an evidentiary

hearing to determine whether the Department had fulfilled its duty of further inquiry is

clearly without merit because the remittitur hearing from which this appeal is taken was

an evidentiary hearing on that issue.

3. The Juvenile Court Did Not Abuse Its Discretion When It Denied a

Continuance

Mother asserts the juvenile court erred in denying her request for a continuance of

the February 2026 remittitur hearing but does not present an argument on that subject.

Father argues the denial was an abuse of discretion because there was good cause for a

short delay of the proceedings so the Department could try to obtain birth and death

certificates “the Cherokee tribe told the Department it needed.” We disagree.

The parents made no mention of a “need” for birth or death certificates when

requesting a continuance. Rather, they requested a continuance on the grounds (albeit

related to the purported need for the certificates) the child “may be an Indian child, and

that the Department needs to make efforts in order to register this child as a tribal

19
member,” and because “the child is a dependent of the court and within the care and

custody, technically, of the Department, they have the resources and ability to do the

registration of the child and follow up with that.”

As we have already noted, the Department did not have a duty to register the child

with a tribe and, therefore, the juvenile court did not abuse its discretion when it denied

the parents’ requests for a continuance to give the Department time to undertake that task.

4. The Juvenile Court’s No-ICWA Finding Is Supported by Substantial Evidence

At the February 19, 2026 remittitur hearing, the juvenile court found the

Department had made diligent efforts to determine if ICWA applies, none of the tribes

had responded that the child is an Indian child, and there was no reason to believe he is

an Indian child. That finding is supported by ample evidence.

As set forth in detail ante, after our opinion issued in R.J.I, supra, E084694 in

July 2025, the Department made diligent efforts to obtain information relevant to the

issue whether the child is or may be an Indian child. It interviewed the parents and

paternal grandparents on more than one occasion, it spoke with the paternal great-aunt, it

interviewed the paternal half-siblings, and it contacted the three Cherokee tribes and the

BIA. It provided all newly acquired information to each of the three tribes and to the

BIA, sending three updating information letters between November 2025 and January

2026, and duly provided the juvenile court with copies of the updating information

letters, a detailed description of the inquiries undertaken, and copies of the responses

from the tribes.

20
Because the juvenile court’s no-ICWA finding is supported by substantial

evidence, we affirm its decision to reinstate the order terminating the parents’ rights to the

child.

DISPOSITION

The order of the juvenile court reinstating the termination of parental rights is

affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ
P. J.

We concur:

MILLER
J.
MENETREZ
J.

21

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