In re M.A. CA2/1

Filed 7/29/22 In re M.A. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re M.A., a Person Coming Under B318030 the Juvenile Court Law. (Los Angeles County Super. Ct. No. 18LJJP00318)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MICHELLE M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephanie M. Davis, Judge Pro Tempore. Conditionally affirmed and remanded with directions.

Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, Aileen Wong, Deputy County Counsel, for Plaintiff and Respondent. __________________________________ In these dependency proceedings Michelle M. (mother) appeals from a juvenile court order terminating her parental rights over M.A., her two-year-old son, contending the court erred in finding the lack of a complete inquiry under the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) to be nonprejudicial. We agree, and thus reverse with directions to order a further ICWA inquiry. BACKGROUND We will limit the presentation of facts to those pertinent to the only disputed issue on appeal: Whether the failure of the Department of Children and Family Services (DCFS or the department) to make inquiries under ICWA requires reversal. Mother was involved in two prior dependency cases pertaining to M.A.’s half siblings, the second of which was open when the instant proceeding was filed. In the second proceeding mother filed Parental Notification of Indian Status forms (ICWA- 020) stating she had no Indian ancestry as far as she knew. At the May 21, 2018, detention hearing in the second proceeding, the juvenile court found it had no reason to know the children were Indian children as defined under ICWA, and ordered the parents to keep DCFS, their counsel, and the juvenile court aware of any new information relating to possible ICWA status. On May 27, 2020, the department filed a petition alleging mother’s newborn son, M.A., was at substantial risk of harm