In re J.L. CA3

Filed 2/29/24 In re J.L. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

In re J.L. et al., Persons Coming Under the Juvenile C098773 Court Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. STK-JD-DP- AGENCY, 2021-0000006)

Plaintiff and Respondent,

v.

L.C.,

Defendant and Appellant.

L.C. (father) appeals from the juvenile court’s orders terminating his parental rights and freeing minors J.L. and E.L. for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 He contends the San Joaquin County Human Services Agency (the Agency) and

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

1

the juvenile court failed to comply with the inquiry requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.), because the Agency did not inquire of his extended family members about possible Native American ancestry. Father contends we must remand for further ICWA compliance. The Agency contends that father’s denial of any knowledge of Native American ancestry absolved it of any obligation to make further inquiry. Neither party, however, discusses the failure of the juvenile court to make a finding on the applicability of the ICWA. Because the issue on appeal is limited to ICWA compliance, we dispense with a separate recitation of the underlying facts and procedure. As we shall explain, we agree with father that remand for further ICWA compliance is necessary. We will conditionally affirm the orders terminating parental rights subject to full compliance with the ICWA on remand, as described in this opinion. DISCUSSION As this court recently explained: “ The ICWA protects the interests of Indian children and promotes the stability and security of Indian tribes by establishing minimum standards for removal of Indian children from their families, and by permitting tribal participation in dependency proceedings. [Citations.] A major purpose of the ICWA is to protect ‘Indian children who are members of or are eligible for membership in an Indian tribe.’ [Citation.]” (In re A.W. (2019) 38 Cal.App.5th 655, 662.) The ICWA defines an “ ‘ “Indian child” ’ as a child who ‘is either (a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.’ (25 U.S.C. § 1903(4).) The juvenile court and the social services department have an affirmative and continuing duty, beginning at initial contact, to inquire whether a child who is subject to the proceedings is, or may be, an Indian child. (Cal. Rules of Court, rule 5.481(a); § 224.2, subd. (a).)” (In re G.A. (2022) 81 Cal.App.5th 355, 360, review granted Oct. 12, 2022, S276056, briefing deferred.) “Inquiry includes, but is not limited to, asking the child, parents, legal guardian, Indian