Unpublished California ICWA Notice Case and the Passive Voice

Opinion here. Court reversed termination and remanded for notice to Navajo Nation.

Classic example of the passive voice here:

The responsibility for compliance with ICWA falls squarely and affirmatively on the court and the Department. (Welf. & Inst.Code, § 224.3, subd. (a); In re Antoinette S. (2002) 104 Cal.App.4th 1401, 1409.)3 Both Robert and the paternal grandmother stated that there was native American heritage in the family. As early as the detention hearing, the juvenile court ordered the Department to make the necessary inquiries and send the required notices. Thereafter, as everyone acknowledges, the ball was dropped.