In re N.F. CA5

INTRODUCTION

R.R. (Father) filed timely notices of appeal following the termination of his parental rights to now 11-year-old N.F., nine-year-old D.R., and nine-year-old O.R. (the children) under Welfare and Institutions Code section 366.26.1 Father claims that because the Kern County Department of Human Services (Department) failed to conduct an adequate inquiry into whether the children are or may be Native American children, in compliance with section 224.2, former subdivision (b),2 the juvenile court erred when it found that the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq. (ICWA))3 did not apply, necessitating remand. (Dezi C., supra, 16 Cal.5th at p. 1125.) The Department concedes its inquiry was inadequate and to a conditional reversal and remand to ensure compliance with the law. (Dezi C., supra, 16 Cal.5th at p. 1125.) We have reviewed the record and given the absence of a documented, proper, adequate and duly diligent inquiry, as mandated by California law, it was error for the juvenile court to impliedly conclude ICWA does not apply.4 (§ 224.2, subds. (b)–(c); Cal.

All further statutory references are to the Welfare and Institutions Code unless…