In re J.G. CA5

INTRODUCTION

Stephanie G. (mother) and Jared G. (father) are the parents of daughter J.G. (born November 2010). Father appeals from the juvenile court’s order terminating his parental rights pursuant to Welfare and Institutions Code section 366.26. 1 On appeal, he contends the juvenile court erred in failing to apply the parental-benefit exception to adoption. Additionally, he contends the Fresno County Department of Social Services (department) and the juvenile court failed to comply with the inquiry requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law because paternal extended family members were not asked about J.G.’s possible Indian ancestry.2 The department disagrees the juvenile court erred in failing to apply the parental-benefit exception, but concedes prejudicial error occurred as to ICWA. For the reasons discussed herein, we accept the department’s concession of ICWA error. Consistent with our decisions in In re K.H. (2022) 84 Cal.App.5th 566 (K.H.) and In re E.C. (2022) 85 Cal.App.5th 123 (E.C.), we conclude “the error is prejudicial because neither the [department] nor the court gathered information sufficient to…