In re D.V. CA2/5

Filed 6/17/22 In re D.V. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.V., a Person Coming B315746 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 18CCPJP03881B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

L.C. et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen C. Marpet, Judge. Conditionally reversed and remanded with instructions.

California Appellate Project and Andre F.F. Toscano, under appointment by the Court of Appeal, for Defendant and Appellant L.C. Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and Appellant M.V. Tarkian & Associates and Arezoo Pichvai for Plaintiff and Respondent. ________________________________

L.C. (mother) and M.V. (father) appeal from the order terminating parental rights to their child, D.V. (minor), under Welfare and Institutions Code section 366.26.1 Both parents contend the Los Angeles County Department of Children and Family Services (the Department) and the juvenile court failed to comply with the inquiry requirements of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and related California law. We conditionally reverse, and remand for ICWA compliance.

FACTUAL AND PROCEDURAL BACKGROUND

Because the sole issue raised in mother’s and father’s respective appeals is ICWA compliance, we focus primarily on the facts and procedural background relevant to that issue. In June 2018, the Department filed a petition under section 300, alleging minor and her older half-sister were dependents, based on mother’s and father’s domestic violence, substance use and