In re N.D. CA4/2

I.

INTRODUCTION

S.S., Mother and M.D. Father (Parents) appeal separately from the juvenile court’s

order terminating their parental rights to their daughter, N.D. (born in 2016), and son,

A.D. (born in 2017). Parents, who join in each others’ arguments, contend the juvenile

court erred in finding the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et

seq.) did not apply.

Mother argues noncompliance with ICWA based on San Bernardino County Child

and Family Services (CFS) (1) failing to perform its duty of further inquiry by not

contacting and interviewing the children’s maternal aunt (Aunt) and godfather 1 (Godfather) regarding the children’s Indian ancestry , (2) failing to obtain any signed

return receipts (“green card receipt”) or letters of non-enrollment from the San Carlos

Apache or Rosebud Sioux tribes, and (3) failing to provide notice of the juvenile

dependency proceedings to Cherokee tribes.

Father contends that CFS failed to perform its duty of further inquiry by not

contacting the children’s maternal great-grandfather (MGGF). Father also argues that

1 Because the relevant federal statutes and regulations use the term “Indian,” we do the same for…