In re A.G. CA5

Filed 12/18/24 In re A.G. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.G., a Person Coming Under the Juvenile Court Law.

TULARE COUNTY HEALTH AND HUMAN F088423 SERVICES AGENCY, (Super. Ct. No. JJV074959A) Plaintiff and Respondent,

v. OPINION H.G.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Tulare County. John P. Bianco, Judge. Gregory M. Chappel, under appointment by the Court of Appeal, for Defendant and Appellant. Jennifer M. Flores, County Counsel, and Marit C. Erickson, Deputy County Counsel, for Plaintiff and Respondent.

* Before Levy, Acting P. J., Meehan, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

-ooOoo- H.G. (mother) appeals from the termination of her parental rights related to the minor A.G. After an opening brief was filed with this court, mother and respondent, Tulare County Health and Human Services Agency (agency), entered into a stipulation in which the agency conceded there was an error in the initial inquiry considering whether the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA)1 applied to A.G. In recognition of the fact mother’s appeal focused on the adequacy of the ICWA inquiry conducted before parental rights were terminated, the parties entered into the following stipulation:

“[T]he parties hereby stipulate to a conditional reversal of the July 29, 2024 order terminating parental rights and immediate remand to the juvenile court for compliance with the inquiry and notice requirements of ICWA and corresponding California statutes. If the juvenile court thereafter finds a proper and adequate inquiry and due diligence has been conducted and concludes ICWA does not apply, then the court shall reinstate the order terminating parental rights. If the juvenile court concludes ICWA applies, then it shall proceed in conformity with the ICWA and California implementing provisions.” We accept the stipulation, conditionally reverse the juvenile court’s order terminating parental rights, and remand with directions. FACTUAL AND PROCEDURAL SUMMARY2 On May 24, 2023, within weeks of her birth, a dependency petition was filed in Los Angeles County pursuant to Welfare and Institutions Code3 section 300 on behalf of