In re M.L. CA4/1

Filed 2/17/26 In re M.L. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 M.L., a Person Coming Under the Juvenile Court Law. D086977 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520709)

Plaintiff and Respondent,

v.

K.R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lilys D. McCoy, Judge. Conditionally reversed and remanded with directions. Jack A. Love, under appointment by the Court of Appeal, for Defendant and Appellant. Damon M. Brown, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Kristen M. OJeil, Deputy County Counsel, for Plaintiff and Respondent.

MEMORANDUM OPINION K.R. (Mother) appeals from a juvenile court order terminating her

parental rights as to M.L. (DOB January 2021) (Welf. & Inst. Code,1 § 366.26). Her sole claim on appeal is that the juvenile court failed to ensure the San Diego County Health and Human Services Agency (Agency) complied with its inquiry duty under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and section 224.2. Specifically, Mother contends that, although the Agency inquired if she and the presumed father had Native American Indian ancestry (which they both denied), the Agency failed as part of its ongoing obligation to inquire about the Indian ancestry for “multiple maternal and paternal relatives.” She further contends the Agency’s lack of compliance with ICWA and state law requires that we (conditionally) reverse the order terminating parental rights and remand for additional ICWA inquiry efforts. The Agency concedes: (1) the record does not contain sufficient evidence of an adequate ICWA inquiry as to the maternal grandmother, a maternal uncle, the paternal grandmother and grandfather, and a paternal