In re K.G. CA2/5

Filed 2/18/22 In re K.G. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re K.G. et al., Persons B315934 Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. 20CCJP01885)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

S.T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Sabina A. Helton, Judge. Reversed and remanded with directions.

Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, David Michael Miller, Deputy County Counsel, for Plaintiff and Respondent.

____________________________________

The juvenile court terminated the parental rights of S.T (mother) to her children, K.G. and P.G., under Welfare and Institutions Code section 366.26.1 Mother appealed from the termination order, contending that it should be conditionally reversed and remanded for compliance with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA) 2 and related California statutes. No interested party filed a respondent’s brief; instead, mother and the Department of Children and Family Services (the Department) filed a joint petition and stipulation for limited reversal and remand to the juvenile court for compliance with ICWA and the issuance of an immediate remand. The present case involves reversible error because the parties agree, and we concur, there was noncompliance with ICWA and related California provisions. (In re K.R. (2018) 20 Cal.App.5th 701, 706–709; see also In re Benjamin M. (2021) 70 Cal.App.5th 735, 744.) And, after reviewing the entire record, we find that the statutory requirements set forth at Code of Civil