In re R.W. CA2/5

Filed 10/22/20 In re R.W. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re R.W. et al., Persons B302097 Coming Under the Juvenile Court Law. (Los Angeles County LOS ANGELES COUNTY Super. Ct. No. 19CCJP04977) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

B.G,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Annabelle G. Cortez, Judge. Conditionally affirmed and remanded.

Tracy M De Soto, under appointment by the Court of Appeal, for Defendant and Appellant. Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, Stephanie Jo Reagan, Principal Deputy County Counsel, for Plaintiff and Respondent. ________________________________

B.G. (mother) challenges the juvenile court’s orders sustaining a petition filed under Welfare and Institutions Code section 300, subdivisions (a) and (b),1 and removing mother’s twin children, Ra.W. and Ryan W. (twins) from parental custody. Mother contends that respondent Los Angeles County Department of Children and Family Services (Department) and the juvenile court failed to adequately investigate the possibility that the twins were Indian children as required under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). We conditionally affirm and remand the case for the limited purpose of compliance with ICWA.

FACTUAL AND PROCEDURAL BACKGROUND

Because the sole issue raised in mother’s appeal is ICWA compliance, we focus primarily on the facts and procedural background relevant to that issue. During the Department’s investigation into domestic violence between