In re A.M. CA2/5

Filed 9/30/22 In re A.M. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re A.M. et al., Persons B318307 Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. 19CCJP06066A–C)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R.M.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Ashley Price, Judge Pro Tempore. Conditionally affirmed and remanded with directions.

Susan Davidson, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, William Thetford, Principal Deputy County Counsel, for Plaintiff and Respondent. Sarah Devore, Children’s Law Center 3, for Minors.

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R.M. (mother) appeals from orders appointing a legal guardian for her children, A.M., L.P., and B.P. (children), pursuant to Welfare and Institutions Code section 366.26, contending that the matter should be remanded for compliance with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and related California statutes (Welf. & Inst. Code, § 224 et seq.). No interested party filed a respondent’s brief; instead, counsel for mother, minors, and the Los Angeles County Department of Children and Family Services (Department) filed a joint application and stipulation for conditional affirmance and remand to the juvenile court for compliance with ICWA and the issuance of an immediate remand. This case involves reversible error because the parties agree, and we concur, there was noncompliance with the inquiry requirements of ICWA and related California provisions. (In re H.V. (2022) 75 Cal.App.5th 433, 438; In re Charles W. (2021) 66 Cal.App.5th 483, 489.) That is, the Department failed to inquire of known maternal relatives, for instance maternal grandmother B.M. and maternal aunt B.M., whether the children were or might be Indian children even though the Department had