In re E.C. CA2/4

INTRODUCTION

Mother J.C. appeals from the juvenile court’s order terminating her parental rights over her son, E., following a hearing pursuant to Welfare and Institutions Code section 366.26.1 She argues that the court considered improper factors and failed to account for the strong bond she had with the child in terminating her parental rights and determining that the parental benefit exception did not apply. We find no error. The juvenile court also held that the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) did not apply. Mother contends this holding was predicated upon a defective ICWA inquiry by the Los Angeles County Department of Children and Family Services (DCFS). We agree with mother that DCFS failed to conduct an appropriate inquiry into E.’s possible Native American heritage. We agree with DCFS, however, that the error was harmless. We accordingly affirm.

BACKGROUND

I. Referral and Petition

E. was born in 2019; he lived with mother prior to the proceedings at issue. On January 25, 2020, DCFS received a referral after an altercation between mother and maternal

1 All further statutory references are to the Welfare and Institutions Code unless…