In re D.M. CA4/2

INTRODUCTION

J.L. (Mother) and J.M. (Father) appeal from the juvenile court’s order terminating

their parental rights to their three daughters. The parents’ sole argument is that the

Riverside County Department of Public Social Services (DPSS) failed to discharge its

duties of initial and further inquiry under the Indian Child Welfare Act of 1978

(25 U.S.C. § 1901 et seq.) (ICWA) and California’s implementing provisions, and DPSS

concedes the errors.1 We agree with the parties and therefore conditionally reverse the

order terminating parental rights and remand with directions.

FACTUAL AND PROCEDURAL BACKGROUND

The subjects of this appeal are the parents’ three daughters (the girls)—D.M. (born

in March 2020), M.M. (born in September 2021), and L.M. (born in September 2023).

The girls have two older brothers (the boys)—J.M. (born in April 2017) and R.M (born in

October 2018)—who were part of the dependency proceedings but are not part of this

appeal because the juvenile court had not held the boys’ section 366.26 hearing when the

parents filed their notices of appeal.

In October 2023, DPSS filed dependency petitions for all five children under

section 300,…