Opinion
S276649
08-19-2024
IN RE KENNETH D.
C096051 Third Appellate District
Opinion filed: Judgment reversed
The Court of Appeal's judgment is reversed with directions to conditionally reverse the juvenile court's order terminating parental rights. The matter is to be remanded to the juvenile court for compliance with the inquiry and notice requirements of sections 224.2 and 224.3. If the juvenile court thereafter finds a proper and adequate further inquiry, conducted with due diligence, has taken place and there is no reason to know minor is an Indian child, making ICWA inapplicable, (§ 224.2, subd. (i)(2)), the court shall reinstate the order terminating parental rights. If the juvenile court concludes ICWA applies, it shall proceed in conformity with ICWA and California implementing provisions. (See 25 U.S.C. § 1912(a); Welf. & Inst. Code, §§ 224.2, subd. (i)(1), 224.3, 224.4.)
Majority Opinion by Corrigan, J.
-- joined by Guerrero, C. J., Liu, Kruger, Groban, Jenkins, and Evans, JJ.
Concurring Opinion by Groban, J.
-- joined by Guerrero, C. J.