In re O.T. CA4/1

I.

INTRODUCTION

V.T. (Mother) appeals from the juvenile court's order terminating her parental rights to her adoptive children O.T. and A.T. under Welfare and

Institutions Code section 366.26.1 Mother contends the San Diego County Health and Human Services Agency (the Agency) did not comply with its inquiry duties under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.; ICWA) and section 224.2, subdivisions (b) and (c) in two respects. First, Mother maintains that the Agency failed to conduct an adequate initial inquiry into the children’s possible Indian heritage through their biological relatives. Second, Mother asserts the Agency was obligated to pursue “further inquiry” regarding her family—the children’s adoptive family— because the Agency’s initial inquiry of members of her family provided information suggesting the children could be Indian children through their adoption. The Agency concedes it did not comply with its duty of initial inquiry in connection with the children’s biological family and agrees a conditional reversal with a limited remand is appropriate. However, the Agency contends it met its inquiry obligations in connection with the children’s…