In re Se. H. CA5

INTRODUCTION

S.H. (Father) filed a timely notice of appeal following the termination of his parental rights to now four-year-old Se. H. under Welfare and Institutions Code section 366.26.1 Father’s sole claim is that because the Los Angeles County Department of Children and Family Services (Los Angeles County) and the Kern County Department of Human Services (Department) failed to conduct an adequate inquiry into whether Se. H. is or may be an Indian child, in compliance with section 224.2, subdivision (b), the juvenile court erred when it found that the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq. (ICWA))2 did not apply, necessitating remand. In accordance with this court’s decisions, the Department concedes errors with respect to the inquiry of family members and follow-up on information that Se. H. may have Indian ancestry, requiring conditional reversal and remand. (In re K.H. (2022) 84 Cal.App.5th 566, 620 (K.H.); accord, In re E.C. (2022) 85 Cal.App.5th 123, 157 (E.C.).)3 We accept the Department’s concession and agree with the parties “that the juvenile court erred in finding the agency conducted a proper, adequate, and duly diligent inquiry, and that the…