In re L.G. CA4/2

INTRODUCTION

In this dependency matter, Laura T. (Mother) and Javier G. (Father) appeal the

juvenile court’s order terminating their parental rights over their minor children L.G. and

S.G. They contend: (1) that the San Bernardino County Children and Family Services

(CFS) failed to appropriately discharge its duty of inquiry under the Indian Child Welfare

Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) and related California law (Welf. & Inst.

Code, § 224, et seq.)1 and (2) that the juvenile court violated their right to due process of

law by making substantive ICWA findings at hearings where neither the parents nor their

counsel were present. CFS disputes the due process claim but does not oppose a

conditional reversal because it concedes it did not appropriately discharge its duty of

inquiry.

We agree with the parties that a conditional reversal is warranted to allow CFS to

comply with its duty of inquiry under ICWA and related California law. Because we

conditionally reverse on that basis, we need not reach the parents’ due process claim.

BACKGROUND

Following a report of domestic violence between Father and Mother, CFS

undertook an investigation, obtained a…