In re J.E. CA4/1

INTRODUCTION

Ja.E. (Mother) appeals from the juvenile court’s order terminating

parental rights to her son, J.E. (Welf. & Inst. Code,1 366.26.) Mother contends, and the San Diego County Health and Human Services Agency (Agency) concedes, that the Agency failed to comply with its initial inquiry duties under the federal Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA). The parties also agree that the juvenile court erred by relying on a prior ICWA finding in J.E.’s sibling’s case to determine that ICWA was inapplicable to the proceedings. We accept the Agency’s concession, conditionally reverse the order terminating Mother’s parental rights, and remand for the limited purpose of compliance with ICWA and its related statutory provisions.

FACTUAL AND PROCEDURAL BACKGROUND2

In December 2020, the Agency petitioned the juvenile court on behalf of J.E. pursuant to section 300, subdivision (b)(1). The Agency included an ICWA-010(A) form with its petition that indicated the Agency had interviewed M.J. (Father), and he provided no reason to believe J.E. was Native American as defined by ICWA. The Agency also informed the court that in a dependency matter involving J.E.’s…