Los Angeles County Department of Children & Family Services v. Lydia O.
Opinion
lead Opinion
Perluss, J.
—Lydia O. and Jesse S., the mother and presumed father of nine-year-old Breanna S. and four-year-old David S., appeal the juvenile court’s May 17, 2016 order pursuant to Welfare and Institutions Code section 366.26 1 terminating their parental rights and identifying adoption as the permanent plan for Breanna and David. Lydia contends the juvenile court erred in ruling she had failed to establish the parent-child relationship exception to termination of parental rights (§ 366.26, subd. (c)(l)(B)(i)). Jesse contends the court and the Los Angeles County Department of Children and Family Services (Department) failed to comply with the notice requirements *641 of the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). Lydia has joined Jesse’s ICWA notice argument (Cal. Rules of Court, rule 8.200(a)(5)). We agree the Department failed to comply with ICWA’s notice requirements, remand the matter to allow the Department and the juvenile court to remedy that violation of federal and state law and otherwise conditionally affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Dependency Petition and Review Hearings