In re E.M. CA2/4

INTRODUCTION

This case arises out of dependency proceedings concerning L.M. (mother),1 and her two children, E.M. and L.W. In the underlying proceedings, the juvenile court exercised jurisdiction over the children under Welfare and Institutions Code 2 section 300, subdivisions (a) and (b) and ordered mother and the children’s respective fathers, N.M. and S.W., to participate in services. On appeal, N.M., E.M.’s father, contends only that the Department of Children and Family Services (Department) failed to comply with the inquiry and notice provisions of the Indian Child Welfare Act (ICWA), 25 U.S.C. § 1901 et seq. N.M. therefore seeks remand with directions for the Department to perform further inquiry in compliance with section 224.2, subdivision (e). The Department concedes it did not conduct an adequate inquiry and thus the matter must be remanded to the juvenile court for further ICWA inquiry and notice. For the reasons stated below, we agree and conditionally reverse the court’s disposition orders and remand the matter to the juvenile court so they may comply with ICWA requirements. Separately, S.W., L.W.’s father, challenges the portion of the dispositional order requiring…