In re M.D. CA4/3

Filed 2/21/25 In re M.D. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 M.D. et al., Persons Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G064338 Plaintiff and Respondent, (Super. Ct. Nos. 21DP1420, v. 21DP1421, 21DP1422, 21DP1423, 21DP1424) K.Q., OPINION Defendant and Appellant.

Appeal from orders of the Superior Court of Orange County, Julie Anne Swain, Judge. Conditionally reversed and remanded with directions. Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and Appellant. Leon J. Page, County Counsel, Debbie Torrez and Chloe R. Maksoudian, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minors.

K.Q. (Mother) appeals from the orders terminating parental rights to her children, Al.A., Ay.A., E.A., H.Q., and M.D. (collectively the children), and placing them for adoption. (Welf. & Inst. Code, § 366.26.)1 Mother contends the orders must be reversed because the Orange County Social Services Agency (the Agency) and the juvenile court failed to comply with their respective duties under the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA) and related California law.2 Specifically, Mother contends the Agency failed to inquire of the children’s maternal aunt J.Q. about possible Indian ancestry and also failed to so inquire of paternal relatives of H.Q. and M.D. The Agency concedes it failed in its duty of initial inquiry as required under ICWA and related California law as to H.Q. and M.D.’s paternal relatives. We accept the Agency’s concession but also conclude the Agency further failed in its duty of inquiry with respect to the children’s maternal aunt J.Q. We therefore conditionally reverse the orders terminating Mother’s parental rights as to the children and remand for the limited purpose of ensuring compliance with ICWA and related California law. As explained further in the disposition, post, we direct the Agency and the juvenile court to satisfy their duties under ICWA and related California law within certain time periods, given the importance of expediency and need for