In re Jaylene S. CA2/7

INTRODUCTION

Pricillana S. appeals from the juvenile court’s order terminating her parental rights to her daughters, Jaylene S. and Aliah S, ages eight and three. She argues the juvenile court erred in ruling the parental-benefit exception under Welfare and Institution Code section 366.26, subdivision (c)(1)(B)(i), did not apply to Jaylene.1 She also argues that, for both daughters, the Department failed to comply—and the juvenile court failed to ensure the Department complied—with the duty of inquiry under the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq. (ICWA) and related California law. Each of Pricillana’s contentions has merit. Therefore, we reverse the court’s order terminating Pricillana’s parental rights to Jaylene and direct the court to conduct a proper analysis under In re Caden C. (2021) 11 Cal.5th 614 (Caden C.), decided eight months before the court terminated Pricillana’s parental rights, whether the parental-benefit exception applies to Jaylene. We also conditionally affirm the order terminating Pricillana’s parental rights to Aliya and direct the juvenile court to ensure the Department complies with its duty of inquiry and if

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