In re K.M. CA5

INTRODUCTION

E.S. (Mother) and K.M. (Father) filed timely notices of appeal following the termination of their parental rights to now two-year-old K.M., Jr. under Welfare and Institutions Code section 366.26.1 Mother, joined by Father, claims that because the Tulare County Health and Human Services Agency (Agency) failed to conduct an adequate inquiry into whether K.M., Jr. is or may be an Indian child, in compliance with section 224.2, former subdivisions (b) and (e),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 Agency concedes error with respect to its ICWA inquiry, and the parties stipulate to a conditional reversal and remand for an adequate inquiry. (Dezi C., supra, 16 Cal.5th at p. 1125.) We have reviewed the record and agree with the parties that the juvenile court erred in finding ICWA does not apply given the absence of a documented, proper, adequate and duly diligent inquiry, as mandated by California law. (§ 224.2, subds. (b)– (c), (e); Cal. Rules of Court, rule 5.481(a)(5);4 Dezi C., supra, 16 Cal.5th at p. 1125.)

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