Los Angeles County Department of Children & Family Services v. Gail B.

Gail B., the mother of four-year-old H.B., appeals from the juvenile court’s order terminating her parental rights under Welfare and Institutions Code section 366.26. Without ever affirmatively stating either she or H.B. may have American Indian ancestry, Gail B. contends the juvenile court’s failure to inquire about such ancestry violated the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq. (ICWA)) and requires reversal of the termination order. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The jurisdiction/disposition report prepared by the Los Angeles County Department of Children and Family Services (Department) for H.B.’s June 29, 2005 hearing provides a compelling overview of Gail B.’s experience with the dependency court: “This is truly a sad case. The history of Gail B[.]’s life is well known to the Juvenile Dependency Court—first as a 9-year *118 dependent herself and now, for the last seven years, as the mother of children [D.B, D.B., B.B. and T.B.] who are currently dependents of the Court. Now, her fifth child H.B. has been detained by DCFS after mother failed a Voluntary Family Maintenance Plan that had been extended to ten months and included the…