San Diego County Heath & Human Services Agency v. Michael B.

Michael B. appeals an order terminating his parental rights to his daughter, S.B., under Welfare and Institutions Code 1 section 366.26. He contends the court erred when it did not apply the exception to termination for parents who have continuing beneficial relationships with their dependent children. (Former § 366.26, subd. (c)(1)(A).) 2 Michael further contends the court did not comply with the notice provisions of the Indian Child Welfare Act of 1978 (ICWA). ( 25 U.S.C. § 1901 et seq.; Welf. & Inst. Code, § 224 et seq.)

*293 We conclude Michael had a continuing beneficial relationship with his daughter within the meaning of the statutory exception to termination of parental rights. We also agree there was noncompliance with ICWA. Accordingly, we reverse and remand with directions.

FACTUAL AND PROCEDURAL BACKGROUND

Michael and Stephanie J. 3 are the parents of S.B., bom October 2002. Michael was S.B.’s primary caregiver; the record indicates Stephanie was in and out of SJB.’s life. On November 15, 2005, Michael and Stephanie were arrested on drug-related charges, including being under the influence of methamphetamine. Michael admitted he used methamphetamine “on and…