In re J.B. CA2/6

Filed 2/25/21 In re J.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re J.B., a Person Coming 2d Juv. No. B306828 Under the Juvenile Court Law. (Super. Ct. No. 19JV00324) (Santa Barbara County)

SANTA BARBARA COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

S.E.,

Defendant and Appellant.

S.E. (mother) appeals the juvenile court’s order terminating parental rights to her infant son, J.B. (Welf. & Inst. Code, § 366.26.)1 She contends Santa Barbara County Department of Social Services (DSS) and the court failed to conduct a reasonable inquiry into father’s possible Indian ancestry as required by the

All statutory references are to the Welfare and 1

Institutions Code unless otherwise specified.

Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.) We agree. Accordingly, we conditionally reverse the order and remand the matter to allow DSS and the court to fully comply with ICWA and related California law. FACTS AND PROCEDURAL BACKGROUND Mother gave birth to J.B. in August of 2019. The child’s father is J.B., Sr. (father).2 DSS petitioned for jurisdiction over J.B. based on mother’s drug abuse during pregnancy and prior DSS involvement with her four older children. Father denied Indian ancestry during his initial contact with DSS but stated at the detention hearing that his mother told him “there might be some [ancestry], but we have to do a search.” He completed a Parental Notification of Indian Status - Judicial Council Form (ICWA-020) after the hearing in which he listed possible Chumash ancestry. A DSS case worker attempted to contact father about his ancestry by telephone on January 22, 2020. The number father provided was no longer in service. Father did not respond to an ICWA questionnaire mailed to him the next day. DSS then served the Santa Ynez Band of Chumash Indians and the Bureau of Indian Affairs (BIA) with a Notice of Child Custody Proceedings (ICWA-030) on February 10, 2020. The Notice did not include any information about father’s biological parents, grandparents, or any other relative. The Santa Ynez Band of Chumash Indians notified DSS by letter that J.B. was not an enrolled member nor eligible for enrollment. The court determined at the six-month review that the ICWA did not apply to J.B. Father’s counsel did not object. The