In re L.C. CA4/2

I. INTRODUCTION

Defendant and appellant A.C. (Mother) appeals from the June 21, 2023 orders

terminating parental rights to Mother’s child, L.C. (Welf. & Inst. Code, §§ 366.26,

395.)1 Mother claims that plaintiff and respondent, San Bernardino County Children and

Family Services (CFS), failed to discharge its initial duty of inquiry, under section 224.2,

subdivision (b) (§ 224.2(b)), by asking several of L.C.’s maternal extended family

members (five of Mother’s six siblings) whether L.C. is or may be an “Indian child” for

purposes of the Indian Child Welfare Act. (25 U.S.C. § 1901 et. seq.; ICWA). Mother

asks that we conditionally reverse the section 366.26 orders and remand the matter with

directions to the juvenile court to ensure that CFS discharges its initial duty of inquiry

(§ 224.2(b)), regarding L.C.’s material extended family members.

In our original opinion, we concluded that section 224.2, subdivision (b), did not

apply because the children were taken into protective custody pursuant to a warrant. Our

Supreme Court granted review, remanded the cause to us for reconsideration in light of

its decision in In re Ja.O. (2025) 18 Cal.5th 271, and we invited the…