In re Nicolas R. CA2/7

INTRODUCTION

Oscar R. and Esmeralda P.-T. appeal from juvenile court orders denying their petitions under Welfare and Institutions Code1 section 388 seeking to reinstate reunification services and from orders terminating their parental rights to their son, Nicolas R., under section 366.26. Oscar argues the juvenile court abused its discretion in denying his section 388 petition and erred in ruling the parental-benefit exception under section 366.26, subdivision (c)(1)(B)(i), did not apply. Esmeralda argues the juvenile court and the Los Angeles County Department of Children and Family Services did not comply with the inquiry requirement of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law. We conclude that the juvenile court did not err in denying Oscar’s petition under section 388 and that any error the juvenile court may have committed in finding the parental-benefit exception did not apply was harmless. We also conclude, however, that the Department did not comply with its duty under ICWA and related California law to conduct an adequate inquiry into Nicolas’s possible Indian ancestry and that the juvenile court failed to ensure the…