In re H.R. CA4/1

I.

INTRODUCTION

N.J. (Mother) appeals from a Welfare and Institutions Code1 section 366.26 order terminating her parental rights over her now two-year-old daughter, H.R. Mother’s sole complaint on appeal is that the San Diego County Health and Human Services Agency (the Agency) failed to satisfy its initial inquiry duties under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and Welfare and Institutions Code section 224.2 because it did not interview maternal grandmother about H.R.’s possible Native American ancestry. The Agency contends its initial inquiry was sufficient and that, regardless, any error was harmless. We agree in part. We conclude that the Agency’s failure to conduct an ICWA inquiry with maternal grandmother violated section 224.2, subdivision (b), but that, applying the prejudicial error standard adopted in In re Benjamin M. (2021) 70 Cal.App.5th 735 (Benjamin M.), the error was harmless. Therefore, we affirm the order.

II.

FACTUAL AND PROCEDURAL BACKGROUND2

In July 2020, the Agency petitioned the juvenile court under section 300, subdivision (b)(1) on behalf of newborn H.R. Among the Agency’s allegations was that during Mother’s pregnancy with…