L. A. Cnty. Dep't of Children & Family Servs. v. Shawn M. (In re Elizabeth M.)
Opinion
lead Opinion
Perluss, J.
*773 Shawn M., Sr., the father of seven-year-old Shawn M., Jr., six-year-old Michael M., five-year-old Elizabeth M. and four-year-old Gail M., appeals from the order terminating his parental rights to Elizabeth and Gail under Welfare and Institutions Code section 366.26. 1 Shawn contends the court abused its discretion in denying the request of the children's mother, Crystal T., in which he joined, to continue the selection and implementation hearing for Elizabeth and Gail to the new date scheduled for their brothers' hearing; erred in ruling the sibling relationship exception to the legislative preference for adoption ( § 366.26, subd. (c)(1)(B)(v) ) did not apply; and 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 there was an inadequate investigation of Crystal's claim of Indian ancestry. Specifically, although the name of the tribe Crystal identified did not directly correspond to that of a federally recognized Indian tribe, the Los Angeles County Department of Children and Family Services failed to satisfy its affirmative obligation to interview family members and others who could…