In re C.M. CA4/3

Filed 1/17/23 In re C.M. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 C.M., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G061573 Plaintiff and Respondent, (Super. Ct. No. 20DP1629) v. OPI NION T.G.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Daphne Grace Sykes, Judge. Conditionally reversed and remanded with directions. Anna Rak, under appointment by the Court of Appeal, for Defendant and Appellant. Leon J. Page, County Counsel, and Karen L. Christensen, Deputy County Counsel, for Plaintiff and Respondent. No appearance for the Minor.

T.G. (Mother) appeals from the order terminating parental rights to her 1 child C.M. (the child) and placing her for adoption. (Welf. & Inst. Code, § 366.26.) Mother contends the order must be reversed because the Orange County Social Services Agency (the Agency) and the juvenile court failed to comply with their respective inquiry duties under the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA) 2 and related California law. The Agency concedes it failed its duty of inquiry as required under ICWA and related California law and the matter must therefore be remanded. We agree. We conditionally reverse the order terminating Mother’s parental rights and remand for the limited purpose of ensuring compliance with ICWA and related state law. As explained further in the disposition, post, we direct the Agency and the juvenile court to satisfy their duties under ICWA and related California law within certain time periods, given the importance of expediency and need for finality at this stage of the proceedings. After the Agency has satisfied its duties, if the juvenile court finds ICWA does not apply to the proceedings involving the child, then the order terminating parental rights and placing the child for adoption shall be reinstated.