In re M.M. CA4/2

I.

INTRODUCTION

Defendant and appellant, J.M. (Father) appeals from the juvenile court’s order

terminating his parental rights as to his seven-year-old son M.M. and nine-year-old 1 daughter S.M. Father’s sole contention on appeal is that the order must be reversed

because plaintiff and respondent, the San Bernardino County Children and Family

Services (the Department) failed to comply with the inquiry requirements of the Indian

Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and with Welfare and Institutions 2 Code section 224 et seq. For the reasons explained herein, we agree and therefore

conditionally reverse and remand with directions that the Department complete its

inquiry.

II.

FACTUAL AND PROCEDURAL BACKGROUND

The family came to the attention of the Department on June 10, 2020, after it

received a referral alleging general neglect to the children by Mother. The allegation

noted that Mother was arrested after violating her probation for having methamphetamine

and drug paraphernalia in her home. As Mother was being arrested, contact was made

with L.B., a family friend, to inquire about her ability to take the children into her care.

1 B.G. (Mother) is not…