In re R.T. CA2/8

INTRODUCTION

Roberta H. (Mother), mother of minors R.T. and A.B. (each, a Child, and together, Children); Shawn T. (Father T.), presumed father of R.T.; and Eric B. (Father B.), presumed father of A.B.; each appeal from the juvenile court’s findings and orders terminating their parental rights. Father B. also appeals from the denial of a modification petition to reinstate reunification services. We refer to Father T. and Father B. together as “Fathers” and, collectively with Mother, as “Parents.” Parents’ sole asserted basis for reversal is that the Los Angeles County Department of Children and Family Services (DCFS) failed to ask extended family members as required by section 224.2, subdivision (b) of the Welfare and Institutions Code,1 whether either Child is an “Indian child” within the meaning of section 1903 of the federal Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq. (ICWA). We find that the juvenile court erred in determining that the ICWA did not apply without evidence that DCFS questioned extended family despite contact with multiple extended family members. However, we conclude the error was harmless because all biological parents participated in the proceedings…