In re M.H. CA4/2

INTRODUCTION

A.B. (mother) appeals from the juvenile court’s order terminating parental rights

(Welf. & Inst. Code,1 § 366.26) as to her children, S.B. and M.H. (the children). She

contends the matter must be conditionally reversed and remanded because the Riverside

County Department of Public Social Services (DPSS) failed to ask several maternal

relatives about the children’s possible Native American ancestry. We agree and

conditionally reverse the order terminating parental rights and remand for further

proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

On January 31, 2023, DPSS filed a petition on behalf of S.B., who was three years

old at the time, and M.H., who was one month old. The petition alleged that the children

came within the provisions of section 300, subdivisions (a) (serious physical harm), and

(b) (failure to protect), and alleged that M.H. also came within the provisions of

subdivision (g) (no provision for support).

The social worker filed a detention report, stating that DPSS received a referral

alleging general neglect and that mother was arrested for child endangerment and sending

drugs to jail. DPSS obtained protective custody warrants and…