In re Andy M. CA4/1

Filed 3/13/15 In re Andy M. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ANDY M., a Person Coming Under the Juvenile Court Law. D067007 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J511253) Plaintiff and Respondent,

v.

TYRONE M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Daniel

Lamborn, Judge. Reversed with direction.

Elena S. Min, under appointment by the Court of Appeal, for Defendant and

Appellant.

Thomas E. Montgomery, County Counsel, John E. Philips, Chief Deputy County

Counsel, and Dana Shoffner, Deputy County Counsel, for Plaintiff and Respondent.

Tyrone M. appeals the judgment terminating his parental rights to his son, Andy

M. (Welf. & Inst. Code, § 366.26.) Tyrone contends the San Diego County Health and

Human Services Agency (the Agency) and the juvenile court failed to fulfill their duties

of inquiry and notice pursuant to the Indian Child Welfare Act (ICWA) (25 U.S.C.

§ 1901 et seq.). The Agency "concedes the record concerning ICWA notice was

insufficient" and "limited remand is necessary to effect and document proper [ICWA]

notice."