In re A.G. CA2/4

INTRODUCTION

J.G. (mother) appeals from the juvenile court’s order terminating parental rights (Welf. & Inst. Code, § 366.26)1 over her child, A.G. Her sole contention on appeal is that the Los Angeles County Department of Children and Family Services (DCFS) failed to comply with the “initial duty to inquire” under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California statutes (§ 224 et seq.). We previously affirmed the order. Subsequently, our Supreme Court granted mother’s petition for review and ultimately transferred the case back to us with directions to vacate our prior decision and reconsider the cause in light of In re Dezi C. (2024) 16 Cal.5th 1112 (Dezi C.). After reconsideration, we conditionally reverse the juvenile court’s order and remand for further compliance with ICWA.

FACTUAL AND PROCEDURAL BACKGROUND

Our summary of the facts is limited to those needed for resolution of the ICWA issue raised on appeal and to provide relevant context. On July 6, 2022, DCFS filed a dependency petition on behalf of A.G. (born in July 2022), which was sustained on August 10, 2022. Attached to the petition was the ICWA-010 form, stating that on July…