Riverside Cnty. Dep't of Pub. Soc. Servs. v. E.K. (In re K.R.)
Opinion
lead Opinion
McKINSTER Acting P. J.
*704 E.K. appeals from an order terminating her parental rights to her three children. The sole issue she raises is lack of compliance with the Indian Child Welfare Act of 1978, or ICWA ( 25 U.S.C. § 1901 , et seq. ), and with Welfare and Institutions Code sections 224 et seq. We agree, and we will conditionally reverse the order and remand the matter for compliance with those statutes.
BACKGROUND
Because we address only an ICWA claim, a brief synopsis of the factual and procedural history will suffice.
A petition pursuant to Welfare and Institutions Code section 300 was filed on May 23, 2016, as to the three minors, then age three years, two years, and 20 months, respectively. The children's father, R.R., died of a heroin overdose on April 24, 2016. The petition alleged that mother was unable to provide adequate care for the children and endangered them as a result of her abuse of controlled substances and her untreated mental health issues.
The petition was sustained on June 15, 2016, and reunification services were ordered. Mother had overdosed on heroin several times before the *705 petition was filed. She overdosed again in August 2016. Ultimately,…