In re L.J. CA4/2

INTRODUCTION

S.M. (Mother) appeals from the juvenile court’s order terminating her parental

rights to her daughter, L.J. She argues that San Bernardino County Children and Family

Services (CFS) failed to discharge its duty of initial inquiry under the Indian Child

Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA) and California’s implementing

provisions. Specifically, she argues that CFS failed to interview readily available

extended family members regarding L.J.’s possible Indian ancestry1 as required by

former Welfare and Institutions Code, section 224.2, subdivision (b).

In our original opinion, we concluded that former section 224.2, subdivision (b),

did not apply because L.J. was 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 (Ja.O.), and we invited the parties to

submit supplemental briefing on the issue. In supplemental briefing, CFS concedes that

it failed to discharge its duty of initial inquiry. We agree and therefore conditionally

reverse the order terminating parental rights and remand with…