In re P.M. CA4/2

I.

INTRODUCTION

P.R. (Mother) appeals from the juvenile court’s order terminating parental rights

as to her now five -year-old daughter P.M. (Welf. & Inst. Code,1 § 366.26). Mother

contends that the juvenile court and the San Bernardino County Children and Family

Services (CFS) failed to comply with the duty of inquiry under the Indian Child Welfare

Act of 1978 (ICWA)2 (25 U.S.C. § 1901 et seq.) and related state law, and therefore

substantial evidence did not support the court’s finding ICWA did not apply.3 In an

unpublished decision, we affirmed the order terminating parental rights on the ground

that there was no need for an extended-family initial inquiry under section 224.2,

subdivision (b), because P.M. was taken into protective custody pursuant to a warrant

under section 340, and also because we found any error to be harmless. (In re P.M. (June

13, 2024, E082577) [nonpub. opn.].)

The Supreme Court granted review on August 21, 2024, and deferred further

action on the matter pending consideration and disposition of a related issue in In re

Ja.O. (2023) 91 Cal.App.5th 672, review granted July 26, 2023, S280572, and pending

1 All future statutory references are…