In re H.M. CA2/5

INTRODUCTION

H.S. (father) appeals from the juvenile court’s orders granting the maternal grandmother of his now three-year old daughter, H.M., legal guardianship, and terminating dependency jurisdiction. Father contends that the orders should be reversed because the Department of Family and Children’s Services (Department) failed to comply with the provisions of the Indian Child Welfare Act (ICWA or Act) (25 U.S.C. § 1901, et seq.), and the juvenile court erred in finding the ICWA inapplicable. Because the Department did not comply with ICWA’s notice requirements, we reverse the orders granting the maternal grandmother legal guardianship over H.M., and terminating dependency jurisdiction. We remand this case with directions to the juvenile court to ensure full compliance with ICWA.

FACTUAL AND PROCEDURAL BACKGROUND

On August 16, 2011, the juvenile court authorized removal of H.M., and H.M. was placed in foster care. Three days later, the Department filed a petition under Welfare and Institutions Code section 300, subdivisions (a) and (b),1 as to H.M. based on allegations of domestic violence between father and H.M.’s mother, R.M. (mother); mental health issues, including…