In re L.S.

J.S. (mother) and L.S. (father), parents of the minors, appeal from orders of the juvenile court denying their petitions for modification and terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 388, 395; undesignated statutory references are to the Welfare and Institutions Code.) The parents contend the court applied the wrong burden of proof in denying their petitions for modification and abused its discretion in concluding there was insufficient evidence to grant the requested modification. The parents also contend the court and the El Dorado County Health and Human Services Agency (Agency) failed to comply with the notice requirements of the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). Finally, the parents argue the court erred in failing to find they had established the beneficial parental relationship exception to termination of parental rights. We conclude that the juvenile court’s failure to apply the proper burden of proof in ruling on the petitions for modification and the errors in the ICWA notice require reversal.

FACTS

Following the parents’ request in January 2013 for a court-ordered case plan, the Agency filed petitions…