In re Easton V. CA5

INTRODUCTION

M.V. (mother) and C.C. (father) are the parents of sons Easton V. (born August 2015) and Ethan V. (born March 2020) (collectively, the children). Mother appeals from the juvenile court’s order terminating her parental rights pursuant to Welfare and Institutions Code section 366.26.1 She contends the juvenile court erred in declining to apply the parental-benefit exception to adoption. Additionally, she argues the Kings County Human Services Agency (agency) 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 extended family members were not asked about the children’s possible Indian ancestry.2 The agency disagrees the juvenile court erred in declining to apply the parental-benefit exception, but concedes prejudicial error occurred as to ICWA. For the reasons discussed herein, we accept the agency’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 agency nor the court gathered information…