In re J.D. CA2/5

I. INTRODUCTION

J.F. (mother) appeals from the juvenile court’s order terminating her parental rights to her children—J.D., A.D., and Jo.D.—contending that the court and the Los Angeles County Department of Children and Family Services (Department) failed to comply with their duties under the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) and related state statutes (Welf. & Inst. Code, § 224 et seq.)1 and court rules (Cal. Rules of Court, rule 5.480 et seq.). We conditionally reverse the court’s order and remand for the limited purpose of ensuring compliance with ICWA’s requirements.

All further statutory references are to the Welfare and Institutions Code.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Jurisdiction, Disposition, and Termination of Parental Rights

On October 6, 2016, the Department filed a section 300 petition alleging that mother and father engaged in domestic violence in the presence of the children and were drug and alcohol abusers. At the October 6, 2016, detention hearing, mother, the maternal grandmother, and a maternal aunt appeared.3 The juvenile court found that the children were persons as described in section…