In re R.A. CA5

Filed 8/8/25 In re R.A. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 R.A. et al., Persons Coming Under the Juvenile Court Law.

KINGS COUNTY HUMAN SERVICES F089666 AGENCY, (Super. Ct. Nos. 22JD0166, Plaintiff and Respondent, 22JD0167)

v. OPINION B.P.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Kings County. Jennifer Lee Giuliani, Judge. David M. Yorton, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Laurie Avedisian-Favini, County Counsel, and Thomas Y. Lin, Deputy County Counsel, for Plaintiff and Respondent.

* Before Detjen, Acting P. J., Meehan, J. and Snauffer, J.

-ooOoo- Appellant B.P. (mother) is the mother of R.A. and D.A. (collectively, the children), who are the subjects of this dependency case. Mother challenges the juvenile court’s order issued at a Welfare and Institutions Code section 366.261 hearing that resulted in her parental rights being terminated. Mother contends the court and the Kings County Human Services Agency (agency) failed to comply with their duty of inquiry under the Indian Child Welfare Act (ICWA). The agency concedes that it failed to conduct an adequate inquiry into the potential Indian ancestry of the children, and it does not oppose remand for the limited purpose of conducting further ICWA inquiry.2 We agree with the parties and conditionally reverse the court’s order terminating mother’s parental rights and remand for proceedings to ensure ICWA compliance. FACTUAL AND PROCEDURAL BACKGROUND3 In September 2022, the agency filed a dependency petition alleging the children were described by section 300, subdivision (b)(1). The allegations involved domestic violence between mother and the children’s father, B.A. (father). The children were taken into custody pursuant to a warrant. At the detention hearing held on September 26, 2022, both parents were present and appointed counsel. Mother and father denied having any knowledge of Indian ancestry. Parental Notification of Indian Status forms (ICWA-020), signed by mother and father, provided no reason to believe any of the parents’ lineal ancestors were members of