Charles W., Jr., In re (2021) D078574 D078574; filed 6/17/21. ![[Files/CaseFiles/D078574.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/D078574.PDF) ## Rule excerpts Case-specific inquiry holding: prior ICWA finding for the same family and counsel’s repeated denial in Mother’s presence. Filed June 17, 2021; publication ordered July 9, 2021. The separate harmless-error rationale on page 10 relies on In re Rebecca R., whose contrary approach was later disapproved in In re Dezi C. (2024) 16 Cal.5th 1112 (slip op., p. 46, fn. 18). > In the face of counsel’s unequivocal denial, twice, of Mother’s Indian heritage in her presence, we are hard pressed to find that the court was required to disregard counsel’s representations and directly question Mother. This is especially true in light of a prior court finding that ICWA did not apply. The court reasonably inquired of Mother’s counsel, who disclaimed his client’s Indian heritage. — Charles W., Jr., In re (2021) D078574, slip op., p. 9.