In re J.T. CA2/5

Filed 3/13/23 In re J.T. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.T., a Person Coming B322456 Under Juvenile Court Law. _______________________________ (Los Angeles County Super. LOS ANGELES COUNTY Ct. No. 19LJJP00602) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.T.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa A. Brackelmanns, Juvenile Court Referee. Conditionally affirmed and remanded with directions. Anuradha Khemka, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Interim County Counsel, and Jessica Mitchell, Deputy County Counsel, for Plaintiff and Respondent. _________________________________

INTRODUCTION Mother appeals from termination of parental rights to son. She argues that the juvenile court and the Los Angeles County Department of Children and Family Services (DCFS) failed to comply with their inquiry duties under Welfare and Institutions Code section 224.2, subdivision (b)—the California statute implementing the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.).1 DCFS concedes it and the juvenile court failed to comply with ICWA and related California statutes implementing ICWA’s initial inquiry rules. Accordingly, we conditionally affirm the termination of parental rights and remand to allow DCFS and the juvenile court to remedy the ICWA inquiry errors and determine anew whether ICWA applies. FACTUAL AND PROCEDURAL BACKGROUND After the family came to DCFS’s attention due to the parents’ drug use, DCFS inquired with mother about Indian heritage. In July 2019, mother stated that she may have Indian ancestry but did not provide the name of a particular tribe. On August 23, 2019, mother filed a Parental Notification of Indian Status (ICWA-020 form), indicating she may have Indian ancestry with the Cherokee Tribe through her maternal family. On this same date, the juvenile court held the detention hearing. Although mother appeared, the court never inquired with mother about her Indian heritage. The juvenile court ordered DCFS to investigate mother’s Indian ancestry and deferred its ICWA findings.