In re K.A. CA2/7

INTRODUCTION

Dora A., mother of seven-year-old K.A. and four-year-old D.C., and Derraille C., father of D.C., appeal from the juvenile court’s orders terminating their parental rights under Welfare and Institutions Code section 366.26.1 Dora and Derraille contend the juvenile court and the Los Angeles County Department of Children and Family Services failed to comply with the inquiry requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and related California law. We agree and therefore conditionally affirm the juvenile court’s orders terminating Dora’s and Derraille’s parental rights, with directions to ensure the juvenile court and the Department comply with the inquiry and notice provisions of ICWA and related California law.

Undesignated statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Dependency Proceedings In July 2018 the Department removed K.A. and D.C. from the home of Dora and Derraille and filed a section 300 petition alleging the children came within the jurisdiction of the juvenile court because of, among other things, Dora and Derraille’s history of violent altercations…