Los Angeles County Department of Children and Family v. David G.

Appellants David G. (father) and A.P. (mother) appeal from the order terminating their parental rights to their son Gabriel G. (nearly two years old). The sole issue on appeal is whether the juvenile court complied with the requirements of the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) before terminating parental rights. We find that the trial court did not, and conditionally reverse the order for the limited purpose of providing ICWA notice.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2010, the Los Angeles County Department of Children and Family Services (the Department) filed a petition under section 300 of the Welfare and Institutions Code 1 on behalf of newborn Gabriel. As sustained, the petition *1163 alleged that Gabriel’s brother had died at the age of six months while sleeping in the same bed as appellants, who were heavily under the influence of alcohol; appellants had a history of domestic violence; and father had failed to provide for Gabriel.

At the detention hearing on June 14, 2010, the court ordered Gabriel detained and placed in the Department’s care and custody. Mother denied having any Native American heritage, and the court…