In re S.M. CA4/1

Filed 6/5/25 In re S.M. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re S.M., a Person Coming Under the Juvenile Court Law. D085516 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J518856E)

Plaintiff and Respondent,

v.

H.P.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of San Diego County, Alexander Calero, Judge. Conditionally reversed and remanded with directions. Emily Uhre, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia G. Silva, County Counsel, and Evangelina Woo, Senior Deputy County Counsel, for Plaintiff and Respondent.

H.P. (Mother) appeals from the juvenile court’s findings and orders terminating parental rights over her child S.M. at the Welfare & Institutions

Code1 section 366.26 hearing. Mother’s sole contention is the San Diego County Health and Human Services Agency (Agency) failed to investigate and conduct inquiry with S.M.’s relatives, including paternal grandmother

Katherine B.2 and paternal uncle Darrel M., and it did not do enough to locate David C., who may be S.M.’s uncle, as required by the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). The Agency concedes it did not conduct initial inquiry with Darrel M. or Katherine B. It also concedes it should clarify David C.’s relationship to the minor and conduct further inquiry if necessary. The parties agree the case should be remanded for compliance with ICWA (see In re Dezi C. (2024) 16 Cal.5th 1112, 1136), and they have stipulated to the immediate issuance of remittitur. Accordingly, we conditionally reverse the orders entered at the section 366.26 hearing and remand for compliance with the inquiry provisions of ICWA and related California law. BACKGROUND A. General Background The Agency filed a petition under section 300, subdivision (b) after Mother overdosed on pills in the presence of S.M.’s minor sibling, A.L., and the family called 911 for medical intervention. The petition alleged 10-year-old S.M. was at risk of abuse or neglect in the care of Mother or F.L.,