In re K.C. CA4/1

Filed 6/14/23 In re K.C. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re K.C., et al., Persons Coming D081537 Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. Nos. J520852, Plaintiff and Respondent, J520852AB)

v.

K.C.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of San Diego County, Browder A. Willis III, Judge. Conditionally reversed in part and remanded with directions. Sarah Vaona, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia G. Silva, County Counsel and Natasha C. Edwards, Senior Deputy County Counsel.

K.C. (Father) appeals two orders arising from special hearings in the

Welfare and Institutions Code1 section 300 dependency proceedings for

minors, Kd.C. and Km.C.2 His sole contention on appeal is that the San Diego County Health and Human Services Agency (Agency) and the juvenile court failed to conduct an adequate initial inquiry under the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq) and section 224.2. Specifically, Father contends there was no inquiry into the Native American ancestry of the paternal grandfather, who appeared at two hearings, and two paternal relatives, whom the Agency contacted. The Agency concedes error. We accept the concession, conditionally reverse the orders, and remand for the limited purpose of compliance with ICWA.

BACKGROUND3 In September 2021, the Agency filed a section 300, subdivision (b), dependency petitions for Km.C. and Kd.C., alleging then two- and three-year- old minors (respectively) were at substantial risk of harm because Father was physically abusing Mother and violating a criminal protective order (CPO). The Agency placed the children in foster care. At a detention hearing that month, the court detained Km.C. and Kd.C. and ordered reunification services for the parents. The court also asked Mother and maternal grandfather—both appeared at the hearing—about their Native American ancestry. Maternal grandfather stated he was not