In re Savanah H. CA2/5

I. INTRODUCTION

K.B., mother of now nine-year-old Savanah H. and now six- year-old Emma M., appeals from the juvenile court’s order terminating her parental rights pursuant to Welfare and Institutions Code section 366.26.1 Mother claims the court and the Los Angeles County Department of Children and Family Services (Department) failed to comply with their duties under the federal Indian Child Welfare Act (ICWA) and related state statutes and court rules. We conditionally reverse and remand for the limited purpose of ensuring compliance with ICWA’s requirements.

All statutory references are to the Welfare and Institutions Code.

II. BACKGROUND2

On July 11, 2014, the Department filed an amended section 300 petition that alleged, as later amended and sustained, that father M.M.3 physically abused then two-year-old Savanah and threatened to kill her, and mother failed to protect the child from father’s abuse. The petition further alleged mother and father had a history of engaging in violent altercations in Savanah’s presence—all of the identified conduct concerned father’s domestic abuse of mother—and mother failed to protect the child from the domestic abuse.…