Opinion
S275578
08-19-2024
IN RE DEZI C.
B317935 Second Appellate District, Div. 2
Opinion filed: Judgment reversed
The Court of Appeal's judgment is reversed with directions to conditionally reverse the order terminating parental rights. The matter is remanded to the juvenile court for compliance with the inquiry and notice requirements of sections 224.2 and 224.3 and the documentation provisions of rule 5.481(a)(5), consistent with this opinion. If the juvenile court thereafter finds a proper and adequate further inquiry and due diligence has been conducted and concludes ICWA does not apply (§ 224.2, subd. (i)(2)), then the court shall reinstate the order terminating parental rights. If the juvenile court concludes ICWA applies, then it shall proceed in conformity with ICWA and California implementing provisions. (See 25 U.S.C., § 1912, subd. (a); §§ 224.2, subd. (i)(l); 224.3, 224.4.)
Majority Opinion by Evans, J.
-- joined by Corrigan, Liu, Kruger, and Jenkins, JJ.
Concurring Opinion by Kruger, J.
-- joined by Corrigan, J.
Dissenting Opinion by Groban, J.
-- joined by Guerrero, C. J.