In re H.B. CA2/7

INTRODUCTION

Lamont B. appeals from the juvenile court’s order under Welfare and Institutions Code section 366.26 terminating his parental rights to H.B.1 He argues that the Los Angeles County Department of Children and Family Services did not comply with the requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law and that the juvenile court erred in ruling ICWA did not apply. We conclude that, because the juvenile court failed to ensure the Department fulfilled its duty of inquiry under section 224.2, substantial evidence did not support the court’s finding ICWA did not apply. Therefore, we conditionally affirm the court’s order terminating Lamont’s parental rights and direct the juvenile court to ensure the Department complies with ICWA and section 224.2, and, if necessary, the notice provisions under ICWA and related California law.

Undesignated statutory references are to the Welfare and Institutions Code.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Dependency Proceedings On December 14, 2015 the Department filed a petition under section 300, subdivision (b)(1), alleging, among other things, that Lamont created a…