In re D.O. CA4/2

I. INTRODUCTION

D.O. was detained and removed from his parents, F.M. (Mother) and G.L.

(Father), shortly after birth. The juvenile court terminated Mother’s and Father’s parental

rights after a contested hearing pursuant to Welfare and Institutions Code 1 section

366.26. Father appeals from this order, arguing that the matter must be conditionally

reversed and remanded because the juvenile court, as well as San Bernardino County

Children and Family Services (CFS), failed to discharge their duty of inquiry under the

Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.). We agree and

conditionally reverse.

II. FACTS AND PROCEDURAL HISTORY

D.O. was detained by CFS after testing positive for methamphetamines at the time

of his birth. Father did not appear at the detention hearing, but he was interviewed by a

social worker shortly thereafter. According to the social worker, Father reported that he

had a prior relationship with Mother, was aware Mother had mental health and substance

abuse issues, and also occasionally used elicit drugs. As a result, CFS filed an amended

petition pursuant to section 300 et seq., alleging Father’s failure to supervise or…