In re K.K. CA4/1

Filed 5/25/22 In re K.K. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.K., a Person Coming Under the Juvenile Court Law. D080068 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J520364)

Plaintiff and Respondent,

v.

M.E.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Ana L. Espana, Judge; Michael Imhoff, Commissioner. Conditionally reversed with directions. Donna B. Kaiser, 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.

Mother appeals an order terminating her parental rights for infant

K.K. pursuant to Welfare and Institutions Code section 366.26.1 The sole issue on appeal is whether the San Diego County Health and Human Services Agency (Agency) and the juvenile court failed to conduct an adequate initial inquiry as required by the Indian Child Welfare Act (ICWA) regarding any potential Indian ancestry of the child. Counsel for Mother and the Agency have conferred and agree that the Agency’s investigation under the ICWA was inadequate, under the relevant statutory and decisional authority. The parties filed a joint stipulation seeking the issuance of an immediate remittitur. We accept the stipulation, conditionally reverse, and remand for the limited purpose of ensuring compliance with ICWA’s requirements. BACKGROUND When M.E. (Mother) gave birth to K.K. in April 2020, both she and newborn K.K. tested positive for opiates. K.K. suffered withdrawal symptoms and was admitted to the neonatal intensive care unit. Although Mother denied drug use, methamphetamine and drug paraphernalia were found in her purse at the hospital. Mother experienced complications after childbirth, was placed on a ventilator, sedated, and was cared for in the intensive care unit. A physician believed that she had only months to live due to her health issues and that she was not capable of caring for the infant. The Agency filed a petition alleging K.K. was a child within the jurisdiction of the juvenile court pursuant to section 300, subdivision (b)(1) because the child suffered or was at substantial risk of suffering serious physical harm or illness as a result of the parents’ failure or inability to