In re S.M. CA5

Filed 11/18/24 In re S.M. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re S.M. et al., Persons Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF F088255 HUMAN SERVICES, (Super. Ct. Nos. JD145354-00 & Plaintiff and Respondent, JD145355-00)

v. OPINION C.M. et al.,

Defendants and Appellants.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Christie Canales Norris, Judge. Elaine Forrester, under appointment by the Court of Appeal, for Defendant and Appellant, C.M. Gregory M. Chappel, under appointment by the Court of Appeal, for Defendant and Appellant, M.J.

* Before Franson, Acting P. J., Peña, J. and DeSantos, J.

Margo A. Raison, County Counsel, and Alexandria Ottoman, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo- Appellants C.M. and M.J., parents of minor children C.M. and S.M., appeal from the juvenile court’s order terminating their parental rights (Welf. & Inst. Code,1 § 366.26). They argue the court erred under the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.; ICWA) by failing to make findings as to whether inquiry was adequate and additionally that the evidence was insufficient to make such a finding. Respondent Kern County Department of Human Services (department) concedes error and requests conditional reversal and remand. We accept the department’s concession; we conditionally reverse the order terminating parental rights and remand to ensure compliance with ICWA inquiry provisions. FACTUAL AND PROCEDURAL BACKGROUND The underlying dependency case was initiated in San Bernardino County. The San Bernardino County Children and Family Services agency (SBCFS) filed a petition on behalf of then eight-month-old S.M. in July 2022, alleging he came within the juvenile court’s jurisdiction under section 300, subdivisions (b)(1) and (j). The department reported that paternal grandmother and a maternal cousin both claimed no Native American ancestry. S.M. was ordered detained from the parents on July 28, 2022. The parents were not present at the detention hearing.