In re R.G. CA4/3

Filed 9/18/24 In re R.G. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re R.G., et al., Persons Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G063893 Plaintiff and Respondent, (Super. Ct. Nos. 21DP0214; v. 21DP0215)

D.H., OPINION

Defendant and Appellant.

Appeal from orders of the Superior Court of Orange County, Julie A. Swain, Judge. Conditionally reversed and remanded with directions. Elizabeth Klippi, under appointment by the Court of Appeal, for Defendant and Appellant.

Leon J. Page, County Counsel, Debbie Torez and Chloe R. Maksoudian, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minors. * * * D.H. (Mother) appeals from juvenile court orders terminating her parental rights to her two children, R.G. and C.G. (collectively, Minors), following a hearing held under Welfare and Institutions Code section 366.26.1 She contends the Orange County Social Services Agency (SSA) and the juvenile court failed to sufficiently inquire into claims of Minors’ potential Native American ancestry, as mandated by the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.; ICWA) and related California law (§ 224 et seq.). SSA concedes the errors and acknowledges the challenged orders must be conditionally reversed. We thus conditionally reverse the orders and remand this matter for further proceedings to ensure compliance with ICWA. FACTS In February 2021, SSA filed a petition against Mother and Father, asserting Minors came within section 300, subdivisions (b)(1) and (g), based on allegations of failure to protect and no provision for support. SSA alleged Mother and Father had unresolved substance abuse problems and a history of domestic violence. The petition was prompted by a report that Mother had left home with Minors while possibly under the influence of methamphetamine and carrying a gun accessible to them. When law enforcement arrived, Mother was pushing R.G., then age 2, and C.G., then age 1, in a stroller. Mother was