In re H.I. CA4/1

Good Law
Court of Appeal of CaliforniaJune 2, 2022D080099California1,799 words

Opinion

Opinion

Do, J.

INTRODUCTION

E.S. (Mother) and H.I. Sr. (Father) appeal from the juvenile court’s jurisdictional and dispositional orders adjudicating their child, H.I., a dependent under Welfare and Institutions Code section 300, subdivision (b),

and removing him from their custody.1 They contend the San Diego County Health and Human Services Agency (Agency) did not comply with its inquiry duties under the federal Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and section 224.2. The Agency concedes it did not comply with its inquiry duties under ICWA and section 224.2, and agrees, the juvenile court erred in finding ICWA did not apply. On the record before us, we agree with the Agency’s concession. The parties have submitted a joint stipulation for issuance of an immediate remittitur pursuant to California Rules of Court,

rule 8.272(c)(1).2 We will reverse the jurisdictional and dispositional orders and remand the matter with directions for the limited purpose of compliance with ICWA and section 224.2.

Undesignated statutory references are to the Welfare and Institutions Code.

Further rule references are to the California Rules of Court.

FACTUAL AND PROCEDURAL…

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