In Re W.b., Jr., a Person Coming Under the Juvenile Court Law. the People, Plaintiff and Respondent v. W.b., Jr…

Summary

The court held that California law requires inquiry into possible Indian status in juvenile delinquency proceedings when a child is in foster care or at risk of entering foster care because of conditions in the home. ICWA notice and related procedures generally do not apply to section 602 placements based on conduct that would be criminal if committed by an adult, unless the placement is based entirely on parental abuse or neglect, involves a status offense, involves dual-status jurisdiction, or contemplates termination of parental rights. Because W.B.'s foster-care placement was based on his criminal conduct and rehabilitation needs, the juvenile court was not required to provide ICWA notice.