In re B.H. CA4/2

Defendant and appellant S.H. (mother) is the biological mother of C.G. (bom in 2013), the child at issue in the present appeal, as well as B.H. (bom in 2011), who is C.G.’s half sibling. Both children were removed from mother’s custody, and her parental rights were eventually terminated. On appeal, mother contends that the order terminating her parental rights as to C.G. must be reversed for failure to comply with the notice requirements of the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). We agree, and therefore reverse.

I. FACTS AND PROCEDURAL BACKGROUND

On July 19, 2013, defendant and appellant Riverside County Department of Public Social Services (DPSS) filed the petition pursuant to Welfare and Institutions Code section 300, which initiated this dependency matter. In that petition, DPSS indicated that C.G. may have Native American heritage, noting that C.G.’s father (father) had reported that his father (C.G.’s paternal grandfather) “had Cherokee heritage,” but had “no other information.” On a form entitled “Parental Notification of Indian Status,” dated July 24, 2013, father checked a box stating that he may have Indian ancestry, specifying…