In re D.S. CA4/3

Filed 8/2/22 In re D.S. CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re D.S., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G061167 Plaintiff and Respondent, (Super. Ct. No. 21DP1270) v. OPI NION CHRISTINA M.,

Defendant and Appellant.

Appeal from orders of the Superior Court of Orange County, Isabel Apkarian, Judge. Conditionally reversed and remanded with directions. Request for judicial notice denied. Motion for dismissal denied. Lelah S. Fisher, under appointment by the Court of Appeal, for Defend ant and Appellant. Leon J. Page, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor. * * *

Christina M. (Mother) appeals from the juvenile court’s orders concerning her child D.S. (the child). Mother does not challenge the merits of the orders. Mother’s sole contention is the Orange County Social Services Agency (SSA) failed to comply with the Indian Child Welfare Act of 1978 (ICWA). County counsel concedes “that SSA did not adequately inquire of extended family members.” We agree. Thus, we conditionally reverse the juvenile court’s dispositional orders and remand the matter for the limited purpose of ensuring full compliance with the ICWA 1 and related California law. (See Welf. & Inst. Code, § 224 et seq.)

I FACTS AND PROCEDURAL HISTORY Because the sole issue on appeal is limited to ICWA compliance, we will set forth only those facts relevant to the ICWA inquiry and notice requirements. On November 2, 2021, SSA filed a juvenile dependency petition alleging inadequate supervision and inability of Mother to provide care for the child (then 13 years old). (§ 300, subds. (b)(1) & (c).) The alleged father is deceased. On November 3, 2021, at a detention hearing, Mother indicated through counsel that she may have Native American ancestry. Mother was unsure of the tribe. The juvenile court deferred making an ICWA finding and directed SSA to investigate the child’s American Indian heritage and provide notice to the “appropriate tribe.” On December 9, 2021, at an arraignment hearing, Mother again indicated through counsel that she may have Native American ancestry. The juvenile court again deferred making an ICWA finding and directed the SSA to complete a proper inquiry. On January 11, 2022, SSA interviewed maternal grandmother by phone regarding the child’s American Indian ancestry.