In re C.H. CA2/4

INTRODUCTION

C.H., Sr. (father) appeals from the juvenile court’s order terminating his parental rights with respect to his son, C.H., Jr. (child).1 Father argues that the Los Angeles Department of Children and Family Services (Department) failed to properly inquire into child’s Indian ancestry, as required by the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related state law. We conclude that the Department’s inquiry was incomplete and conditionally reverse the juvenile court’s order.

FACTS AND PROCEDURAL BACKGROUND

Child was taken into protective custody on July 23, 2021, after the paternal uncle with whom he was living attempted suicide. The Department filed a dependency petition four days later. The petition alleged that father had a history of substance abuse, was a current user of methamphetamine, and had made an inappropriate plan for child’s care. In advance of the detention hearing, father’s counsel filed an ICWA-020 form, indicating that father had no Indian2 heritage. No such form was filed by child’s mother, C.M. (mother), then or later. At the detention hearing, the court found no “reason to know” child had Indian heritage, but ordered both…