In re Dahlila C.
Darryl C. (father) and E.T. (mother), parents of 21-month-old Dahlila C., appeal from the juvenile courts order terminating their parental rights under Welfare and Institutions Code section 366.26.[1] Father and mother contend that the juvenile court and the Department of Children and Family Services (Department) failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA or Act) (25 U.S.C. 1901, et seq.)[2]as to father, or to make a finding about whether the ICWA applied. The Department concedes that the inquiry requirements of the ICWA were not met, but argues that father was not prejudiced by the failure because father did not claim Indian heritage in the juvenile court and does not claim such heritage on appeal. The Department also argues that the failure of the juvenile court to make a finding on the applicability of the ICWA was harmless. Because the juvenile court did not comply with the ICWAs inquiry requirements, Court conditionally reverse the order terminating fathers and mothers parental rights and remand this case with directions to the juvenile court to ensure full compliance with the ICWA.
Comments on In re Dahlila C.