In re T.F.P. CA2/5

INTRODUCTION

The parents appeal from termination of their parental rights to their son. They argue that the Los Angeles County Department of Children and Family Services (DCFS) failed to comply with its initial inquiry duties under Welfare and Institutions Code section 224.2, subdivision (b)—the California statute implementing the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.).1 This opinion and Justice Baker’s concurrence affirms the termination of parental rights and concludes substantial evidence supports the juvenile court’s ICWA finding.

FACTUAL AND PROCEDURAL BACKGROUND

1. Siblings’ Dependency History The parents have been involved in dependency proceedings since 2012, when they engaged in domestic violence in the presence of son’s half sibling. Son (born in 2016) has four older siblings (two are full siblings); all were involved in dependency cases. I focus our discussion on the full siblings. In November 2014, the juvenile court sustained section 300 petitions on behalf of full sibling J.P. (born 2013; case No. CK94393B) and full sibling N.F. (born 2014; case No. CK94393C) based on mother pulling hair out of their half-sibling’s scalp and…