Alameda County Social Services Agency v. Anthony G.

—Anthony G. (Father) appeals from an order terminating his parental rights as to his son, A.G. He contends the Alameda County Social Services Agency (the Agency) failed to investigate his Native American heritage and provide adequate notice to tribes as required by the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.; ICWA). The Agency does not dispute that it violated ICWA’s inquiry and notice requirements. Instead it raises numerous procedural and equitable arguments against reversal that all turn on Father’s participation and conduct in these proceedings. None of the Agency’s arguments excuses its failure to comply with ICWA or allow this court to affirm the termination of Father’s parental rights without ICWA compliance. Although reversal will further delay and complicate A.G.’s *1394 permanent placement with his prospective adoptive family, the Agency’s ICWA violations require us to conditionally reverse the order terminating parental rights and direct the juvenile court to ensure compliance with ICWA’s inquiry and notice requirements.

BACKGROUND

The background of this proceeding from the removal of A.G. and his sister from their parents’ care in 2008…