In re Esther O. CA2/7

INTRODUCTION

John C. (Father) appeals from an order continuing a contested selection and implementation hearing (Welf. & Inst. Code, § 366.261) (appeal No. B260763) and an order terminating his parental rights over his daughter, Esther O., pursuant to section 366.26 (appeal No. B262558). In appeal No. B260763, Father contends the juvenile court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.).2 In appeal No. B262558, Father’s counsel filed an opening brief in which no issues were raised, and Father personally filed a letter brief in which he raised issues he wanted the court to consider. (In re Phoenix H. (2009) 47 Cal.4th 835, 844.) On July 8, 2015, we consolidated the appeals. We affirm the order continuing the section 366.26 hearing and conditionally affirm the order terminating Father’s parental rights. We remand for further proceedings to ensure compliance with ICWA.

FACTUAL AND PROCEDURAL BACKGROUND

On September 11, 2012, five-year-old Esther and her three half-siblings were detained after the Los Angeles County Department of Children and Family Services (DCFS) held a Team Decision Making Meeting at which their…