In re J.C. CA5

Filed 7/21/25 In re J.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.C. et al., Persons Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F089579 SOCIAL SERVICES, (Super. Ct. Nos. 23CEJ300260-1, Plaintiff and Respondent, 23CEJ300260-2)

v. OPINION X.O.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Mary Dolas, Judge. Liana Serobian, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel C. Cederborg, County Counsel, and Ashley N. McGuire, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

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

Mother, X.O., appeals from the juvenile court’s order terminating her parental rights as to two of her minor children, J.C. and Z.O., under Welfare and Institutions Code,1 section 366.26. She argues the court erred by finding the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA)2 did not apply to the proceedings. Respondent Fresno County Department of Social Services (department) concedes error and that conditional reversal of the order terminating parental rights and remand to ensure compliance with ICWA is appropriate. We accept the department’s concession. PROCEDURAL AND FACTUAL BACKGROUND On October 3, 2023, the department filed a juvenile dependency petition on behalf of then 13-year-old J.C., then eight-year-old Z.O. (the children), and their two younger half siblings, I.R. and J.R (the half siblings).3 At the time the petition was filed, the children resided with mother and the half siblings’ presumed father, S.R. The petition alleged the children came within the juvenile court’s jurisdiction under section 300, subdivision (b)(1) due to risk of harm resulting from mother’s substance abuse. The petition listed D.C. as J.C.’s presumed father, and indicated Z.O.’s father was unknown. During the investigation that led to the filing of the petition, mother reported she did not have any Indian ancestry. However, she later completed a “PARENTAL NOTIFICATION OF INDIAN STATUS” (ICWA-020) form with two boxes checked: one indicating each child “is or may be a member of, or eligible for membership in, a federally recognized tribe,” listing no specific tribe, and one indicating none of the factors indicating the children were Indian children applied. It appears the box indicating