In re J.S. CA2/5

Filed 6/27/23 In re J.S. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.S., a Person Coming B324825 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. AND FAMILY SERVICES, No. 20CCJP01104A)

Plaintiff and Respondent,

v.

S.S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa A. Brackelmanns, Judge Pro Tempore. Conditionally reversed with directions. Megan Turkat Schirn, under appointment by the Court of Appeal, for Defendant and Appellant.

Dawyn R. Harrison, County Counsel, and Jacklyn K. Louie, Deputy County Counsel, for Plaintiff and Respondent. —————————— Mother1 appeals from the October 27, 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) detained minor from mother’s custody shortly after birth, and filed a petition under section 300, subdivision (b), alleging that mother’s serious mental and emotional problems placed minor at substantial risk of physical harm. The juvenile court declared minor a dependent. Mother denied any Indian ancestry, including on an ICWA- 020 parental notification of Indian status form, and declined to disclose additional information about her family. Mother has