In re M.L. CA4/2

INTRODUCTION

M.L. (father) appeals from an order terminating reunification services as to his

children, A.L., M.S.A.L., M.L., H.L., and M.L.L. (the children). He contends the matter

must be conditionally reversed and remanded because the juvenile court and the San

Bernardino County Children and Family Services (CFS) failed to comply with the initial

duty of inquiry under the Indian Child Welfare Act (25 U.S.C. § 1901 et. seq.) (ICWA)

and related California law (Welf. & Inst. Code, 1 § 224.2). D.C. (mother) filed a separate

brief on appeal and simply joins in father’s arguments. Respondent CFS has filed a

request to augment the record with postjudgment evidence showing it has made the

requisite inquiry and the court, after considering the results of that inquiry, found that

ICWA did not apply. Based on that evidence, CFS contends the appeal is moot and

should be dismissed. We affirm.

PROCEDURAL BACKGROUND

On January 13, 2021, CFS filed a section 300 petition on behalf of the children.

The petition alleged that the children came within section 300, subdivisions (b) (failure to

protect) and (j) (abuse of sibling).

1 All further statutory references will be to the…