In re L.U. CA4/2

I.

INTRODUCTION

C.M. (Mother) appeals from the juvenile court’s order terminating parental rights 1 as to her three-year-old daughter L.U. Mother contends the beneficial parental

relationship exception to the termination of parental rights under Welfare and Institutions 2 Code section 366.26, subdivision (c)(1)(B)(i) applied to this case and thus juvenile court

erred in terminating her parental rights. She also argues that the juvenile court and the

Riverside County Department of Public Social Services (DPSS) failed to comply with the 3 Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and related state

law.

We conditionally affirm the juvenile court’s order terminating parental rights.

Mother fails to establish the beneficial parental relationship exception under section

366.26, subdivision (c)(1)(B)(i) applied in the present matter. We agree, however, that

there was prejudicial error under ICWA and related California law and remand for

compliance with the inquiry provisions of those laws.

1 C.U. (Father) is not a party to this appeal. 2 All future statutory references are to the Welfare and Institutions Code. 3 “[B]ecause ICWA uses the term ‘Indian,’…