In re D.O. CA2/4

INTRODUCTION

In September 2021, the juvenile court terminated the parental rights of appellant mother S.W. and non-party father Steven H. over their daughter D.O. (then two years old) at a hearing brought under Welfare and Institutions Code section 366.26.1 Additionally, despite claims from both Mother and Steven of potential membership in Indian tribes, the court found the Indian Child Welfare Act (ICWA) inapplicable. On appeal, Mother argues the court erred in declining to apply the parental-benefit exception to terminating her rights and further erred in finding ICWA inapplicable. The Los Angeles County Department of Children and Family Services (DCFS) contends the court did not err in declining to apply the parental-benefit exception but does not oppose a limited remand for compliance with ICWA. We conclude the court did not err in finding the parental-benefit exception inapplicable because substantial evidence supported its finding that D.O. would not benefit

Undesignated statutory references are to the Welfare and Institutions Code.

2 from a continued relationship with Mother, and the court did not abuse its discretion in determining that it was in D.O.’s best…