Los Angeles County Department of Children & Family Services v. Kristina C.

Kristina C., the mother of five-year-old Alissa M. and two-year-old K.C., appeals the juvenile court’s September 29, 2105 order terminating her parental rights and identifying adoption as the permanent plan for her two daughters. Kristina contends the court and the Los Angeles County Department of Children and Family Services (Department) failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). We agree the Department failed to adequately investigate Kristina’s claim of Indian ancestry, remand the matter to allow the Department and the juvenile court to fully comply with ICWA and related California law and otherwise conditionally affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Dependency Proceedings Leading to Termination of Kristina’s Parental Rights to Alissa and K. C.

Both Kristina and K.C. tested positive for methamphetamine immediately after K.C.’s birth in December 2013. On June 2, 2014 the court sustained a petition filed pursuant to Welfare and Institutions Code section 300, *229 subdivision (b), 1 alleging Kristina had a history of alcohol and illicit drug abuse and was a…