In re L.L. CA4/2

I. INTRODUCTION

Defendants and appellants S.E. (Mother) and M.L. (Father) are the parents of L.L.

On June 11, 2021, the juvenile court issued an order terminating their parental rights

following a hearing pursuant to Welfare and Institutions Code 1 section 366.26. Both

parents appeal, arguing the matter must be conditionally reversed and remanded to permit

further inquiry into L.L.’s Native American ancestry as required under the Indian Child

Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) and corresponding provisions of

the Welfare and Institutions Code. Plaintiff and respondent San Bernardino County

Children and Family Services (CFS) concedes that the record does not contain sufficient

evidence to show that it complied with its statutory duties of inquiry and notice under

ICWA. We agree and conditionally reverse the matter and remand to permit CFS and the

juvenile court to take the necessary steps to achieve ICWA compliance.

II. FACTS AND PROCEDURAL HISTORY

At the time of L.L.’s birth in 2020, eight of L.L.’s siblings had already been

removed from Mother and Father; Mother’s and Father’s parental rights had been

terminated as to two of those siblings; and…