In re K.H. CA4/2

I.

INTRODUCTION

Defendant and appellant, M.H. (Mother) appeals from findings and orders made

on June 11, 2025, terminating her parental rights to her infant twins under Welfare and 1 Institutions Code, section 366.26. Mother’s only contention on appeal is that the

Riverside County of Public Services (DPSS) failed to meet its duty of inquiry under the

Indian Child Welfare Act (ICWA, 25 U.S.C. § 1901 et seq.) and related state law. We

agree, and conditionally reverse the order terminating parental rights and remand with

directions DPSS fully comply with its duties of inquiry under ICWA and related

California law.

II.

FACTS AND PROCEDURAL BACKGROUND

The twins were born in January 2023. Although Mother and the twins tested

negative for controlled substances at the time of delivery, the twins’ meconium sample

came back positive for methamphetamines. Nevertheless, the twins were discharged

from the hospital into Mother’s care. Father was currently in prison.

1 Unless otherwise noted, all statutory references are to the Welfare and Institutions Code. Because ICWA uses the term “Indian,” we do so on occasion as well, not out of disrespect, but because of the need for…