In Re Gerardo A.

Gerardo A., Sr., appeals from an order terminating his parental rights (Welf. & Inst. Code, § 366.26) as to his five children (the A. children). He contends the court erroneously found at an earlier hearing that the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.) did not apply to the children’s dependency. On review, we agree and will reverse.

In In re H.A. (2002) 103 Cal.App.4th 1206, 1215 [ 128 Cal.Rptr.2d 12 ], this court required a department or agency which seeks foster care placement of or parental rights termination to a child who may be eligible for Indian child status to make a documentary record of its compliance with ICWA notice requirements ( 25 U.S.C. § 1912 ) or face the strong likelihood of appellate reversal. The department in this case made the requisite documentary showing. Nevertheless, the appellate record also reveals the department possessed identifying Indian heritage information that it did not share with one or more tribes of which the dependent child could be a member. Because one of the purposes of ICWA notice is to enable a tribe to investigate whether a child is eligible for tribal membership, that opportunity means little if a…