In re S.G. CA4/1

Filed 10/11/23 In re S.G. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.G., et al., Persons Coming Under the Juvenile Court Law. D082068 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. NJ15714A-B)

Plaintiff and Respondent,

v.

S.E.G.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of San Diego County, Nadia Keilani, Judge. Conditionally reversed with directions. Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel and Evangelina Woo, Senior Deputy County Counsel, for Plaintiff and Respondent.

S.E.G. (Mother) appeals from the juvenile court’s orders terminating her parental rights as to her daughters, S.G. and P.G. (collectively, the

children. (Welf. & Inst. Code, § 366.26.)1 Her sole contention on appeal is that the San Diego County Health and Human Services Agency (Agency) failed to make proper initial inquiries of extended family members as required by the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and section 224.2. Specifically, Mother argues that while the Agency inquired of paternal and maternal grandparents, its questions were improperly focused on tribal enrollment rather than Indian ancestry. The Agency contends its initial inquiry of the grandparents was sufficient. Mother also argues the Agency failed to make any ICWA inquiry of available paternal and maternal aunts and uncles. The Agency concedes this issue. Thus, the Agency agrees that its initial ICWA inquiry was deficient and that a conditional reversal with a limited remand is appropriate in this case. We conditionally reverse the orders and remand for the limited purpose of ensuring compliance with ICWA and section 224.2.