Sacramento Cnty. Dep't of Child v. J.C. (In re A.W.)

*54 *659 Mother C.W. and father J.C. appeal from the juvenile court's orders terminating parental rights and freeing the minor for adoption. ( Welf. & Inst. Code, §§ 366.26, 395.) 1 They contend the juvenile court erred in failing to find the beneficial parental relationship exception to adoption applies, and that the county and juvenile court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA). ( 25 U.S.C. § 1901 et seq. ) We disagree with their first contention but conditionally reverse and remand the matter for further ICWA compliance.

FACTUAL AND PROCEDURAL BACKGROUND

On January 12, 2016, Sacramento County Department of Child, Family and Adult Services (the County) filed a section 300 petition on behalf of the then one-year-old minor based on the risk of harm to the minor caused by parents' ongoing domestic violence. At the January 14, 2016 detention hearing, mother indicated her father was an enrolled member of the Picayune Rancheria of the Chukchansi Indians tribe and that she was eligible for enrollment as well. Enrollment had been closed for a number of years but had recently opened and she was intending to seek enrollment soon. She had…