In re Isaiah W.

Summary

The court held that a parent may challenge the juvenile court's finding that ICWA does not apply in an appeal from a later order terminating parental rights, even if the parent did not appeal an earlier foster-care placement order containing a similar finding. Because the juvenile court has an affirmative and continuing duty to inquire into the child's possible Indian status, the later termination order necessarily included a current ICWA determination that was subject to timely appellate review. The court reversed the Court of Appeal and remanded for further proceedings.