In re M.S. CA4/2

I. INTRODUCTION

Defendant and appellant J.B. (Father) appeals from an order terminating his

parental rights with respect to M.S. pursuant to Welfare and Institutions Code1 section

366.26. The sole claim raised in Father’s appeal is that plaintiff and respondent San

Bernardino County Children and Family Services (CFS) failed to fulfill its duty of

inquiry under the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) as defined

in section 224.2, subdivision (b) because it did not interview “all known and available

relatives” regarding potential native American ancestry. We conclude the record does

not show error warranting reversal on this ground.

II. BACKGROUND

Father and S.B. (Mother)2 are the parents of M.S.3 In May 2023, CFS took M.S.

into protective custody pursuant to a warrant. Shortly thereafter, the department filed a

petition pursuant to section 300 on behalf of M.S., alleging that Mother and Father were

unable to supervise, protect, provide, or care for M.S. as the result of domestic violence

between Mother and Father; Mother’s untreated mental health conditions; Mother’s and

Father’s inability to provide safe and adequate provisions to care for M.S.;…