In re A.M. CA2/5

Filed 1/9/24 In re A.M. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.M., a Person Coming B329684 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. AND FAMILY SERVICES, No. 21CCJP04292A)

Plaintiff and Respondent,

v.

M.L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lucia J. Murillo, Temporary Judge. Conditionally reversed with directions. Carolyn S. Hurley, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, and Jane Kwon, Principal Deputy County Counsel, for Plaintiff and Respondent.

Mother appeals from the May 23, 2023 order terminating parental rights under Welfare and Institutions Code section 366.261 as to A.M. (minor). Mother contends the juvenile court erroneously failed to ensure compliance with the inquiry 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

In November 2021, the juvenile court declared minor a dependent under section 300, subdivisions (a) and (b), based on risks posed by domestic violence between mother and F.M. (father), and father’s substance abuse.2 The court removed minor from parental custody and ordered reunification services. During the dependency proceedings mother and father both indicated they had no Indian ancestry. The court found ICWA did not apply. The Los Angeles County Department of Children and Family Services (Department) was in regular contact with three maternal relatives—maternal grandmother, step- grandfather, and aunt—who were caring for minor during the course of the dependency proceedings, but never asked any of