In re N.A. CA4/2

I.

INTRODUCTION

Appellants D.J. (Mother) and A.M. appeal from a juvenile court order terminating 1 their parental rights under Welfare and Institutions Code section 366.26 to their children.

Mother and A.M. (Parents) contend that San Bernardino County Children and Family

Services (CFS) and the juvenile court failed to comply with requirements imposed by the

Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) and California Indian Child

Welfare Act (§ 224 et seq.), referred to collectively as ICWA. CFS concedes this error

and agrees that a conditional reversal and remand are necessary to allow for further

compliance with ICWA.

Parents also contend the juvenile court erred in terminating their parental rights

because there was insufficient evidence that the children were adoptable. We disagree.

However, a conditional reversal and remand are necessary to allow CFS and the juvenile

court to comply with ICWA.

1 Unless otherwise noted, all statutory references are to the Welfare and Institutions Code. Because ICWA uses the term “Indian,” we do so on occasion as well, not out of disrespect, but because of the need for clarity and consistency, even though we recognize…