In re A.G. CA3

Filed 9/19/25 In re A.G. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Modoc) ---- In re A.G., a Person Coming Under the Juvenile Court Law.

MODOC COUNTY DEPARTMENT OF SOCIAL C102887 SERVICES, (Super. Ct. No. JP24013) Plaintiff and Respondent,

v.

J.H. et al.,

Defendants and Appellants.

Both parents of the minor A.G. appeal from the juvenile court’s December 30, 2024, orders terminating their parental rights and freeing the minor for adoption. (Welf & Inst. Code,1 § 366.26.) They argue the Modoc County Department of Social Services (the Department) failed to conduct an adequate inquiry into the minor’s possible Native American heritage under the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.; § 224.2.) The Department acknowledges the record fails to confirm whether the Department completed the required inquiry. We will conditionally reverse for further ICWA compliance.

1 Undesignated section references are to the Welfare and Institutions Code.

1

FACTUAL AND PROCEDURAL BACKGROUND We limit our recitation of the background to information necessary for the disposition of the issue on appeal. In May 2024, the Department filed petitions alleging the newborn minor came within the provisions of section 300, subdivision (b)(1), failure to protect. The petition noted the social worker asked mother whether the minor has Native American heritage, and mother gave no reason to believe the minor is or might be an Indian child. The May 2024 detention report stated that ICWA does not apply. Although the social worker spoke with maternal grandparents and an aunt about fostering the minor, the report does not indicate that she asked about Native American ancestry.2 The report reflects that the Department planned to ask both parents to provide a family tree and any known contact information, but there is no family tree included in the record. During the May 2024 detention hearing, father denied that he had any Native American heritage. The juvenile court encouraged both parents to report any additional information that would suggest Native American ancestry and found there was no reason to believe the child is an Indian child. The June 2024 jurisdiction report and July 2024 disposition report stated that ICWA does not apply. During the August 2024 disposition hearing, the juvenile court found there was no reason to know that the minor is an Indian child.