In re E.W. CA5

INTRODUCTION

S.A. (Mother) filed a timely notice of appeal following the termination of her parental rights to two of her children, five-year-old E.W. and two-year-old J.A., under Welfare and Institutions Code section 366.26.1 Mother’s sole claim is that because the Kings County Human Services Agency (Agency) failed to conduct an adequate inquiry into whether the children are or may be Indian children, in compliance with section 224.2, subdivision (b), the juvenile court erred when it found that the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq. (ICWA))2 did not apply, necessitating remand. In accordance with this court’s decisions, the Agency concedes error and prejudice. (In re K.H. (2022) 84 Cal.App.5th 566, 621 (K.H.); accord, In re E.C. (2022) 85 Cal.App.5th 123, 157 (E.C.); In re Jerry R. (2023) 95 Cal.App.5th 388, 405 (Jerry R.).) We accept the Agency’s concessions and agree with the parties “that the juvenile court erred in finding the agency conducted a proper, adequate, and duly diligent inquiry, and that the error is prejudicial, which necessitates a conditional reversal of the court’s finding that ICWA does not apply and a limited remand so that an inquiry…