In re J.N. CA2/6

Filed 8/14/23 In re J.N. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re J.N., a Person Coming 2d Juv. No. B325408 Under the Juvenile Court Law. (Super. Ct. No. J072946) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

M.S.,

Defendant and Appellant.

M.S. (Mother) appeals from the juvenile court’s order terminating dependency jurisdiction over her minor son, J.N., and selecting legal guardianship as the permanent plan. (Welf. & Inst. Code,1 § 366.26.) Mother contends, and county counsel

1 Unlabeled statutory references are to the Welfare and Institutions Code.

concedes, the case should be remanded for compliance with the inquiry requirements of the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) and related provisions of California law (§ 224.2). We agree, and remand. FACTUAL AND PROCEDURAL HISTORY J.N. was born in 2014. In 2021, the Ventura County Human Services Agency (HSA) petitioned the juvenile court to take dependency jurisdiction over J.N. due to Mother’s substance abuse and mental health issues. The court did so, and ordered reunification services for Mother. When dependency proceedings began, Mother reported that she had Yucca Indian ancestry. The maternal grandmother also reported Yucca Indian ancestry, but said tribal officials told her that her family was not eligible for enrollment in the tribe and that all other family members with information on their ancestry were deceased. HSA social workers investigated and found no federally recognized Yucca Indian tribe. Social workers also spoke with J.N.’s paternal relatives. The paternal grandmother reported that the family had Cherokee ancestry. But a paternal aunt denied that the family had Cherokee ancestry, and said that no one in J.N.’s family lived on a reservation or had tribal membership. The juvenile court found ICWA inapplicable. It terminated dependency jurisdiction over J.N., and ordered him placed in a legal guardianship with his paternal aunt. DISCUSSION Mother contends, and county counsel concedes, the case should be remanded for compliance with ICWA’s inquiry requirements. We agree.