Los Angeles County Department of Children & Family Services v. Gerardo R.

SUMMARY

Principles of due process require that the juvenile court not terminate a presumed father’s parental rights without first finding, by clear and convincing evidence, that the father is unfit. Because no such finding was made in this case, and based on our conclusion the court improperly terminated parental rights based on a father’s poverty, we will reverse the order terminating parental rights and remand for reconsideration whether a proper basis for such termination exists, and if not, for renewed efforts aimed at returning the children to their father’s custody. We also conclude reversal of the order terminating parental rights is required, and remand the matter, so the juvenile court may properly determine whether the Indian Child Welfare Act of 1978 (ICWA), 25 United States Code section 1901 et seq., governs this proceeding.

FACTUAL AND PROCEDURAL BACKGROUND

General background facts

In May 2004, then eight-year-old appellant G.S.R., and his six-year-old brother, appellant G.M.R. (Michael or, collectively, the boys), were detained by respondent Los Angeles County Department of Children and Family Services (DCFS) from their mother’s custody after she was…