In re Baby Girl M.

Filed 9/21/22 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re BABY GIRL M., A Person B311176 Coming Under the Juvenile Court Law. (Los Angeles County ___________________________________ Super. Ct. No. LOS ANGELES COUNTY 20CCJP06535A) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

K.M., JR.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, D. Brett Bianco, Judge. Dismissed. Elena S. Min, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, Kimberly Roura, Senior Deputy County Counsel, and Stephen Watson, Deputy County Counsel, for Plaintiff and Respondent.

K.M., Jr. (Father) appeals from juvenile dependency jurisdiction and disposition orders concerning his daughter, Baby Girl M. (Daughter). The jurisdiction finding was predicated on evidence of domestic violence between Father and J.P. (Mother), Daughter’s positive marijuana test at birth, and Mother’s history of substance abuse and recent abuse of marijuana. The juvenile court removed Daughter from her parents’ custody; ordered Daughter suitably placed; denied Mother reunification services pursuant to Welfare and Institutions Code section 361.5, subdivisions (b)(10)-(11); and granted reunification services for Father. Father appealed the jurisdiction findings and disposition order. The sole issue raised in his opening brief was whether the Los Angeles County Department of Children and Family Services (the Department) complied with its obligations under the Indian Child Welfare Act (ICWA) and related California law. Specifically, Father argued the juvenile court did not ask him, at his first appearance in the case, whether Daughter was an Indian child under ICWA and the Department did not follow up on Father’s assertion on an Indian heritage questionnaire (an “ICWA-20” form) that his grandmother was a member of a federally recognized Indian tribe. Father complained the Department did not contact any extended family members about ICWA issues and he specifically faulted the Department for not making an inquiry of his father and his grandmother. After Father filed his opening brief, the parties submitted a “Joint Application and Stipulation for Remand to the Superior Court” to this court. The Department conceded in the joint application that Father’s ICWA contentions were “well taken.” Citing In re Brooke C. (2005) 127 Cal.App.4th 377, however, the