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Justia Weekly Opinion Summaries

Native American Law
October 9, 2020

Table of Contents

In re Dominic F.

Family Law, Native American Law

California Courts of Appeal

Associate Justice
Ruth Bader Ginsburg

Mar. 15, 1933 - Sep. 18, 2020

In honor of the late Justice Ruth Bader Ginsburg, Justia has compiled a list of the opinions she authored.

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Ruth Bader Ginsburg

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Native American Law Opinions

In re Dominic F.

Court: California Courts of Appeal

Docket: B302482(Second Appellate District)

Opinion Date: October 6, 2020

Judge: Stratton

Areas of Law: Family Law, Native American Law

The Court of Appeal affirmed the juvenile court's jurisdictional findings and dispositional orders, holding that substantial evidence supports the juvenile court's finding that the Indian Child Welfare Act of 1978 (ICWA) does not apply here. Mother contends that the juvenile court and DCFS failed to satisfy the formal notice requirements under the ICWA and related California law. In this case, the initial inquiry conducted by the juvenile court created a "reason to believe" the children possibly are Indian children; DCFS's repeated efforts to gather information concerning the children's maternal ancestry constitutes substantial evidence that DCFS met its duty of further inquiry; but the juvenile court and DCFS's further investigation did not yield results that pushed their reason to believe the children are Indian children, to reason to know the children are Indian children. The court explained that a suggestion of Indian ancestry is not sufficient under ICWA or related California law to trigger the notice requirement. Because DCFS was not required to provide formal notice to the pertinent tribes, the court did not reach Mother's argument that the ICWA notices may have lacked necessary information.

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