In re D.L. CA4/2

I.

INTRODUCTION

Defendant and appellant, N.L. (Father) appeals from the juvenile court’s order

terminating parental rights as to his 10-year-old son D.L., seven-year-old daughter J.L.,

and six-year-old son N.L. (Welf. & Inst. Code,1 § 366.26). Father contends that the

juvenile court and plaintiff and respondent, the Riverside County Department of Public

Social Services (DPSS), failed to comply with the duty of inquiry requirements under the

Indian Child Welfare Act of 1978 (ICWA)2 (25 U.S.C. § 1901 et seq.) and related state

law.3 For the reasons set forth post, we conditionally reverse and remand this matter to

the juvenile court.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. General Background

1 All future statutory references are to the Welfare and Institutions Code unless otherwise stated.

2 “[B]ecause ICWA uses the term ‘Indian,’ we do the same for consistency, even though we recognize that other terms, such as ‘Native American’ or ‘indigenous,’ are preferred by many.” (In re Benjamin M. (2021) 70 Cal.App.5th 735, 739, fn. 1 (Benjamin M.), overruled on other grounds in In re Dezi C. (2024) 16 Cal.5th 1112, 1152, fn. 18. (Dezi C.).)

3 G.I. (Mother) had passed away…