In re A.C. CA2/8

INTRODUCTION

N.R. (Mother) and K.C. (Father) each appeal from the juvenile court’s August 14, 2024 order terminating parental rights to their three minor children. Mother also seeks reversal of the juvenile court’s order denying her Welfare and Institutions Code1 section 388 petition. Joined by Father, Mother’s sole contention on appeal is that substantial evidence did not support the juvenile court’s finding that the children are not Indian children under the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and related California law (§ 224 et seq.). We agree and conclude that a conditional reversal and limited remand are required.

FACTUAL AND PROCEDURAL BACKGROUND

I. Petition and Detention

On September 5, 2023, the Los Angeles County Department of Children and Family Services (DCFS) filed a petition pursuant to section 300, subdivision (b)(1), on behalf of four-year-old A.C., one-year-old Am.C., and three-week-old K.C. The petition alleged: K.C. was born with a positive toxicology screen for fentanyl and marijuana.2 Mother and Father are current abusers of fentanyl and marijuana; Mother also abused drugs during her pregnancy with K.C. Both parents’…