In re J.A. CA4/1

Filed 8/27/21 In re J.A. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.A., a Person Coming Under D078876 the Juvenile Court Law.

SAN DIEGO COUNTY HEALTH (San Diego County AND HUMAN SERVICES Super. Ct. No. J519822B) AGENCY,

Plaintiff and Respondent,

v.

A.A.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Marian F. Gaston, Judge. Conditionally reversed and remanded with directions.

Marisa L. Dersey Conroy, under appointment by the Court of Appeal, for Defendant and Appellant.

Lonnie J. Eldridge, County Counsel, Caitlin E. Rae, Chief Deputy County Counsel, and Lisa M. Maldonado, Deputy County Counsel, for Plaintiff and Respondent. A.A. (Mother) appeals from an order terminating her parental rights to her child, J.A., pursuant to Welfare and Institutions Code section 366.26. A.A. contends the juvenile court erroneously found the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) did not apply. Counsel for Mother and the San Diego County Health and Human Services Agency (the Agency, collectively the parties) have conferred and agree that the Agency’s investigation under the ICWA was inadequate. The parties have filed a joint stipulation seeking a limited reversal and remand with directions to the Agency and the juvenile court to ensure compliance with the ICWA. We accept the stipulation and conditionally reverse the order terminating parental rights. DISCUSSION Mother submitted an ICWA-020 form in October 2019 indicating that she had no Indian ancestry. Father then submitted an ICWA-020 form in November 2019 indicating that he, too, did not have Indian ancestry. On February 6, 2020, the juvenile court held that reasonable inquiry had been made to determine whether J.A. is an Indian Child and found that it had reason to know that J.A. is not an Indian child. On or around February 2021, the Agency learned that the paternal grandmother was claiming Native American heritage with the Cherokee Nation. When Father was asked about this, he denied such heritage and stated that, if there was any Indian ancestry, it would be “little to none.” There is no indication in the record that the Agency conducted any further inquiry.