In re L.S. CA4/1

INTRODUCTION

M.L.-G. (Mother) appeals from the juvenile court’s order terminating her parental rights to her minor daughter at the Welfare and Institutions

Code1 section 366.26 hearing. Mother’s sole claim on appeal is ICWA error. She contends the San Diego County Health and Human Services Agency (Agency) and the juvenile court failed to satisfy its initial inquiry duties under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and section 224.2, and thus there is not substantial evidence to support the court’s finding that ICWA did not apply. The Agency concedes ICWA error but argues it was harmless. Applying the standard of prejudice adopted in In re Benjamin M. (2021) 70 Cal.App.5th 735 (Benjamin M.), we conclude the Agency’s error was prejudicial. We therefore conditionally reverse and remand for the limited purpose of ensuring compliance with ICWA and section 224.2.

FACTUAL AND PROCEDURAL BACKGROUND

L.S. was born with morphine in her system and suffered severe withdrawal symptoms after birth. Mother admitted to abusing drugs during her pregnancy, including daily heroin use, regular methamphetamine and fentanyl use; she tested positive for all three drugs the…