In re K.H.

INTRODUCTION AND SUMMARY

M.H. (Father) and A.C. (Mother) are the parents of K.H., now 20 months old. Due to his parents’ drug use, K.H. was taken into protective custody following his birth and made a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (b)(1). 1 The juvenile court subsequently terminated Mother’s and Father’s parental rights under section 366.26, 2 and Father timely appealed. Mother is not a party to the appeal. The sole claim advanced by Father is the alleged violation of the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA) and related California law. 3 Father contends Kern County Department of Human Services (the Department) and the juvenile court failed to comply with their affirmative and continuing duties of inquiry under section 224.2, subdivision (a), the Department failed to comply with its broad duty of inquiry set forth under section 224.2, subdivision (b), and remand for an adequate inquiry is required. 4 The Department does not dispute the inquiry, which extended no further than Mother and Father, was inadequate under section 224.2, subdivision (b), but argues the juvenile court’s finding that…