In re J.W. CA2/8

Filed 9/15/22 In re J.W. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re J.W. et al., Persons Coming B317345 Under the Juvenile Court Law. ______________________________ Los Angeles County LOS ANGELES COUNTY Super. Ct. No. 19CCJP02478A,B DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

S.W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Marguerite D. Downing, Judge. Conditionally reversed and remanded with directions. Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Peter Ferrera, Deputy County Counsel, for Plaintiff and Respondent. ____________________ A mother, S.W., appeals the juvenile court’s order terminating her parental rights over her two sons. We conditionally reverse and remand to allow the Los Angeles County Department of Children and Family Services and juvenile court fully to comply with the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (the Act) and related California law. Undesignated statutory citations are to the Welfare and Institutions Code. I In April 2019, the Department removed five-year-old J.W. and 16-month-old N.W. from the mother. After one 2-month placement, the boys were placed in June 2019 with a couple who are now their prospective adoptive parents. When the boys were in their first placement, J.W. avoided contact with the mother. Once, in April 2019, he refused to talk to the mother on the phone. He put his face down and did not speak. Two days later, J.W. refused to get out of bed and then refused to get dressed for a visit with the mother. There was also an incident of alleged inappropriate behavior by the mother during a visit. During a May 2019 visit, the foster mother saw the mother press her hand with force and pressure on J.W.’s face. The mother then grabbed his ear with pressure. When the mother saw that the foster mother was watching, the mother pretended to caress J.W.’s face. The foster mother told the mother to stop and the mother denied the