In re R.M. CA4/1

I.

INTRODUCTION

R.W. (Mother) appeals a juvenile court’s order arising from a Welfare

and Institutions Code section 361.3 1 placement hearing in which the court denied placement of Mother’s minor children, R.M. and Z.M., with maternal grandmother. The sole issue on appeal is whether the San Diego County Health and Human Services Agency (Agency) failed to conduct adequate initial and further inquiries into the children’s potential Native American ancestry, as required by the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). The Agency concedes that its initial inquiry under ICWA was deficient, and does not contest or otherwise respond to Mother’s challenge to its further inquiry. We agree with Mother and conclude that the ICWA initial and further inquiries were deficient. Therefore, we reverse the court’s ICWA finding, remand for the limited purpose of ICWA compliance, and otherwise affirm the placement order. Because the parties filed a joint stipulation seeking the issuance of an immediate remittitur, the remittitur shall issue immediately.

II.

FACTUAL AND PROCEDURAL BACKGROUND2

In March 2020, the Agency petitioned the juvenile court under section 300, subdivision…