In re H.R. CA2/5

Filed 6/22/23 In re H.R. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 H.R., a Person Coming B325373 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. AND FAMILY SERVICES, No. 21CCJP01513A)

Plaintiff and Respondent,

v.

I.A.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hernan D. Vera, Judge. Conditionally reversed with directions. William Hook, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, and Avedis Koutoujian, Deputy County Counsel, for Plaintiff and Respondent. —————————— Mother1 appeals from the September 16, 2022 order terminating parental rights to her son (minor) under Welfare and Institutions Code section 366.26.2 Mother’s sole contention on appeal is that the juvenile court erroneously failed to ensure 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.). We conditionally reverse and remand the matter solely for the court to ensure compliance with ICWA and related California statutes.

FACTUAL AND PROCEDURAL BACKGROUND

The Los Angeles County Department of Children and Family Services (Department) began investigating the family on March 30, 2021 after law enforcement found minor (then only 10 months old) with two unrelated individuals in a hotel room with narcotics in it. Mother and a paternal aunt spoke to a social worker, and both denied any Indian ancestry. The Department filed a petition alleging the child was at risk of harm based on