In re Heaven S. CA2/7

INTRODUCTION

Jonathan S., father of two-year-old Heaven S., appeals from the juvenile court’s order terminating his parental rights under Welfare and Institutions Code section 366.26.1 He argues that the Los Angeles County Department of Children and Family Services did not comply with the inquiry requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law and that the juvenile court erred in ruling ICWA did not apply. We agree and conditionally affirm.

FACTUAL AND PROCEDURAL BACKGROUND

When Heaven was born in July 2019, her mother, Isabel R., tested positive for marijuana. After the Department learned Heaven’s parents had a history of domestic violence and substance abuse, the juvenile court detained Heaven from her parents and placed her with a paternal aunt. At that time, Jonathan and Isabel completed Judicial Council ICWA-020 forms, both checking the box stating that, as far as they knew, they had no Indian ancestry. A Department social worker reported that Jonathan and Isabel stated they did not have

Undesignated statutory references are to this code.

2 Indian ancestry. The juvenile court found it had no reason to know…