In re P.M. CA4/1

I.

INTRODUCTION

R.M. (Father) appeals from the juvenile court’s order terminating his parental rights to his daughter, P.M. Father’s sole claim on appeal is that the juvenile court erred by finding that the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) did not apply before the San Diego County Health and Human Services Agency (Agency) completed its initial inquiry under

ICWA and Welfare and Institutions Code section 224.2.1 The Agency concedes error but argues the error was harmless. We do not agree. Applying the prejudicial error approach adopted in In re Benjamin M. (2021) 70 Cal.App.5th 735 (Benjamin M.), we conclude the error was prejudicial. Therefore, we reverse the court’s ICWA finding and remand for the limited purpose of ICWA compliance.

II.

FACTUAL AND PROCEDURAL BACKGROUND2

In October 2019, the Agency initiated this dependency proceeding on P.M.’s behalf under section 300 subdivision (b)(1). The Agency alleged there was a substantial risk P.M. had suffered or would suffer serious physical harm or illness. Specifically, the Agency alleged that Mother and Father had extensive drug abuse histories, newborn P.M. and Mother had tested positive for narcotics…