In re D.S. CA2/3

Filed 8/16/22 In re D.S. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re D.S., a Person Coming B315828 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF Super. Ct. CHILDREN AND FAMILY No. 20CCJP01988A) SERVICES,

Plaintiff and Respondent,

v.

JASMINE F.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Gabriela H. Shapiro, Judge Pro Tempore. Conditionally affirmed and remanded with directions. Gina Zaragoza, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Melania Vartanian, Deputy County Counsel, for Plaintiff and Respondent. —————————— Mother appeals from orders denying her petition to change a court order and terminating her parental rights. On appeal, she contends the trial court erred in finding the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) did not apply. Mother argues the Los Angeles County Department of Children and Family Services (Department) failed to conduct a proper inquiry of her and maternal relatives to determine whether D.S. is or may be an Indian child. The Department concedes that it did not conduct a proper ICWA inquiry and does not oppose a conditional affirmance and remand for compliance with ICWA. We accept the Department’s concession and remand this matter for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND In light of the limited issue raised on appeal, we provide only a brief summary of the background of this case. Mother tested positive for marijuana and methamphetamine when D.S. was born in April 2020. The Department detained D.S. two days later. On July 6, 2020, the juvenile court sustained a petition pursuant to Welfare and Institutions Code section 300, subdivision (b),1 based on the parents’ substance abuse, mother’s mental and emotional problems, and father’s mental health diagnosis. The court asserted dependency jurisdiction over then three-month-old D.S., removed her from both parents, ordered