In Re Michael G.

Robert W. Gehring for Minors.

OPINION

BENKE, J.

Appellants Gina L. and Clyde G. appeal from a juvenile court judgment terminating their parental rights and choosing adoption as the appropriate permanent plan for their children, Michael G. and Larissa G. (Welf. & Inst. Code, § 366.26.) Under the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.), [1] parental rights shall not be terminated unless the court is satisfied "that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful." (§ 1912(d).) We hold, apparently as a matter of first impression, that in California "clear and convincing" proof is the applicable standard, as opposed to proof beyond a reasonable doubt as Gina and Clyde urge. They persuasively argue, however, that the court's finding San Diego County Department of Social Services (Department) provided active remedial services for the 12-month statutory period is unsupported by sufficient evidence, and thus we reverse the judgment.

Gina has a long history with child protective services. In addition to Larissa and Michael, she…