In re A.M. CA4/1

Filed 11/18/21 In re A.M. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.M., a Person Coming Under the Juvenile Court Law. D079484 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520412)

Plaintiff and Respondent,

v.

E.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Gary M. Bubis, Judge. Conditionally reversed and remanded with directions. Nicole Williams, 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.

Appellant E.M. (Mother) appeals an order terminating her parental

rights pursuant to section 366.26 of the Welfare and Institutions Code.1 The sole issue is whether the San Diego County Health and Human Services Agency (Agency) and the juvenile court conducted an adequate further inquiry as required by the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA) after both Mother and maternal grandmother advised the Agency they have Native-American ancestry through the Yaqui Tribe. The Agency concedes maternal grandmother’s claim of Yaqui ancestry provided reason to believe minor A.M. was an Indian child and that the Agency failed to conduct an adequate further inquiry as required by section 224.2, subdivision (e)(2). The Agency concedes, and we agree, a limited remand is appropriate to require the juvenile court to order the Agency to fulfill its duties of further inquiry under section 224.2, subdivision (e)(2)(C) regarding A.M.’s membership status or eligibility as an Indian child. Therefore, we conditionally reverse the termination order.