In re O.E. CA2/7

INTRODUCTION

Kimberly M. and Orlando E., mother and father of five- year-old O.E., appeal from the juvenile court’s orders terminating their parental rights under Welfare and Institutions Code section 366.26.1 They contend the court erred in ruling the parental- benefit exception to adoption in section 366.26, subdivision (C)(1)(b)(i), did not apply. They also contend the Los Angeles County Department of Children and Family Services failed to comply with the inquiry requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and related California law. Because the juvenile court did not follow the analysis the Supreme Court prescribed in In re Caden C. (2021) 11 Cal.5th 614 for determining whether the parental-benefit exception applies, we agree with Kimberly and Orlando the court erred in ruling it did not apply. We also agree with Kimberly, Orlando, and the Department that neither the Department nor the juvenile court complied with ICWA’s inquiry requirements.

Undesignated statutory references are to the Welfare and Institutions Code.

2 Therefore, we reverse the orders terminating parental rights, remand for a new hearing under section 366.26, and…