In re B.M. CA2/5

Filed 7/24/24 In re B.M. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re B.M., a Person Coming Under the Juvenile Court Law. B333410

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. AND FAMILY SERVICES, 20CCJP06535A)

Plaintiff and Respondent,

v.

K.M., Jr. and J.P.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, D. Brett Bianco, Judge. Conditionally reversed and remanded with directions. Richard B. Lennon and Merrill L. Toole, under appointment by the Court of Appeal, for Defendant and Appellant K.M. Jr.

Erin Riley Khorram, under appointment by the Court of Appeal, for Defendant and Appellant J.P. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Kimberly Roura, Senior Deputy County Counsel, for Plaintiff and Respondent.

2

In this appeal from a parental rights termination order, parents K.M., Jr. (Father) and J.P. (Mother) contend the juvenile court and the Los Angeles County Department of Children and Family Services (the Department) did not fully comply with their obligations under California law related to the Indian Child Welfare Act (ICWA). Specifically, they argue the record does not confirm the Department contacted all three federally recognized Cherokee tribes after two family members reported minor B.M.’s paternal great grandmother was a Cherokee tribal member. We agree there is some ambiguity in the record that should be cleared up, so we shall conditionally reverse the parental rights termination order and remand for that purpose.