In re D.S. CA4/2

INTRODUCTION

D.S. (father) appeals from findings and orders made at a postpermanency planning

hearing involving his son, D.S. (the child). Father claims the juvenile court erred in finding

the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et. seq.) (ICWA) did not apply. He

contends the matter must be conditionally reversed and remanded because the juvenile

court, as well as the San Bernardino County Children and Family Services (CFS), failed to

discharge their duty of inquiry under ICWA and related California law (Welf. & Inst.

Code,1 § 224.2). We agree and conditionally reverse.

PROCEDURAL BACKGROUND

CFS filed a section 300 petition on July 30, 2019, as to the child, who was 14 years

old at the time. The petition alleged that he came within subdivisions (b) (failure to protect)

and (g) (no provision for support). The petition specifically alleged that the child’s mother,

V.S. (mother),2 left the child in father’s care, and father failed to provide proper supervision

for him. It also alleged that mother and father (the parents) had a prior dependency case in

2017-2018, in which they failed to reunify. The petition further alleged that father was

currently…