In re L.M. CA4/2

I. INTRODUCTION

Lisa Z. (Mother) appeals from an order terminating her parental rights with respect

to L.M. pursuant to Welfare and Institutions Code1 section 366.26. The sole claim raised

in Mother’s appeal is that the San Bernardino County Children and Family Services

(CFS) failed to fulfill its duty of inquiry under the Indian Child Welfare Act (ICWA;

U.S.C. § 1901 et seq.) as implemented by section 224.2, subdivision (b), because it failed

to interview three extended relatives regarding L.M.’s potential status as an Indian child.

While we disagree with Mother’s assertion that the failure to interview every extended

family member identified in the record renders an ICWA inquiry inadequate, we

conclude that the record in this case does not contain substantial evidence to support the

juvenile court’s implied finding that CFS fulfilled its duty under section 224.2 and

conditionally reverse the order terminating Mother’s parental rights.

II. BACKGROUND

Mother is the biological mother of L.M. In February 2020, CFS filed a petition on

behalf of L.M. pursuant to section 300 alleging, in part,2 Mother’s failure or inability to

adequately supervise, protect or provide…