In re Emiliano R. CA2/7

INTRODUCTION

Guadalupe M. appeals from the juvenile court’s orders appointing legal guardians for one of her sons, Emiliano R., and terminating Guadalupe’s parental rights to two of her other sons, Cristobal R. and Luis M. Guadalupe argues the Los Angeles County Department of Children and Family Services did not comply with the requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law because the Department did not ask known relatives about possible Indian ancestry. Therefore, she argues, the juvenile court erred in ruling that ICWA did not apply. We conclude that, because the Department breached its duty of inquiry under ICWA and Welfare and Institutions Code section 224.2, subdivision (b),1 substantial evidence did not support the court’s finding ICWA did not apply. Therefore, we conditionally affirm the juvenile court’s orders and direct the court to ensure the Department complies with section 224.2 and, if necessary, the notice provisions under ICWA and related California law.

Undesignated statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Dependency Proceedings…