In re D.G. CA2/8

INTRODUCTION

Antonia G. (Mother) appeals from the order terminating her parental rights to minor D.G. She contends both the juvenile court and the Los Angeles County Department of Children and Family Services (DCFS) failed to satisfy the initial inquiry requirements under the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and related California law (Welf. & Inst. Code,1 § 224 et seq.). Father is not a party to this appeal. We agree with Mother and conditionally reverse and remand with directions to the juvenile court and DCFS to complete its ICWA inquiry as to D.G.

FACTUAL AND PROCEDURAL BACKGROUND

I. Petition and Detention

On August 14, 2020, DCFS filed a petition on behalf of three-year-old D.G. and his four siblings—16-year-old T.G., 12-year-old K.G., eight-year-old J.G., and seven-year-old C.G.2— pursuant to section 300, subdivisions (a) and (b)(1), after receiving a referral alleging general neglect of the children who were left in the care of paternal grandfather and paternal grandmother. The children’s 18-year-old sibling Daniel also lived in the home of paternal grandparents. The petition includes an “Indian Child Inquiry Attachment”—Judicial…