In re K.H. CA4/2

INTRODUCTION

Blanca M. (Mother) appeals from an order made at a family maintenance review

hearing conducted pursuant to Welfare and Institutions Code1 section 364, at which the

juvenile court ordered removal of her children. On appeal, Mother argues the children

were erroneously removed pursuant to section 364 and that reversal is required because

compliance with the inquiry obligations of the Indian Child Welfare Act of 1978 (ICWA;

25 U.S.C. § 1901 et seq.) has not been completed. We affirm with directions.

BACKGROUND

On May 8, 2023, the Riverside County Department of Public Social Services

(DPSS or Department) received a referral alleging general neglect of the children,

Isaa.M. (Minor 1), Isai.M. (Minor 2),2 both age 8 at the inception of this dependency,

C.M. (Minor 3, age 7), Kah.H. (Minor 4, age 5), and Kar.M. (Minor 5, age 2), by the

parents Mother and William H. (Father). It was reported that Minor 1 and Minor 2 had

been absent from school for a few days. When Minor 1 returned to school, he reported

that his parents were working on the car when Minor 3 hit Minor 1 on the head with a

crowbar and Mother dropped a car jack on Minor 1’s foot. Then Minor 1 stated…