Opinion
B319804
10-14-2022
In re R.D., a Person Coming Under Juvenile Court Law. v. S.D., Defendant and Appellant. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,
Christine E. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant S.D. Dawyn Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Brian Mahler, Principal Deputy County Counsel, for Plaintiff and Respondent. Stanley Wu, Children's Law Center 2, for R.D., Minor.
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County No. 18CCJP01494B, Hernan D. Vera, Judge. Conditionally reversed and remanded with directions.
Christine E. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant S.D.
Dawyn Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Brian Mahler, Principal Deputy County Counsel, for Plaintiff and Respondent.
Stanley Wu, Children's Law Center 2, for R.D., Minor.
RUBIN, P. J.
Mother appeals from an order terminating her parental rights to daughter under Welfare and Institutions Code section 366.26. Mother contends the juvenile court failed to satisfy its inquiry obligations and erred when it determined the Los Angeles County Department of Children and Family Services (DCFS) satisfied its inquiry obligations under the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) and related California law as to daughter's possible Indian heritage. No interested party filed a respondent's brief; instead, mother, DCFS, and daughter filed a joint application and stipulation for conditional reversal and remand to the juvenile court to order DCFS to inquire of available maternal extended family members in compliance with ICWA and related California law. We accept the parties' stipulation.
This case involves reversible error because the parties agree, and we concur, there was noncompliance with the inquiry requirements of ICWA and related California provisions. (In re H.V. (2022) 75 Cal.App.5th 433, 438; In re Benjamin M. (2021) 70 Cal.App.5th 735, 744.) Here, DCFS only inquired with the parents and the maternal grandmother regarding Native American ancestry. DCFS did not ask the extended family members about heritage. After reviewing the entire record, we find that the statutory requirements set forth at Code of Civil Procedure section 128, subdivision (a)(8) for a stipulated reversal have been satisfied here. (In re Rashad H. (2000) 78 Cal.App.4th 376, 379-382.)
DISPOSITION
The juvenile court's March 24, 2022 order terminating parental rights to daughter is conditionally reversed, and the matter is remanded to the juvenile court for proceedings required by this opinion. The juvenile court shall reappoint counsel for the parents. The juvenile court shall order DCFS to make reasonable efforts to interview available maternal family members about the possibility of the child's Indian ancestry and to report to the court the results of DCFS's investigation. Based on the information reported, if the court determines that no additional inquiry or notice to tribes is necessary, the order terminating parental rights shall be reinstated. If additional inquiry or notice is warranted, the juvenile court will make all necessary orders to ensure compliance with ICWA and related California law. The remittitur shall issue forthwith.
WE CONCUR: MOOR, J., KIM, J.