In re E.K. CA4/1

Good Law
Court of Appeal of CaliforniaJune 18, 2024D083385California4,529 words

Opinion

Opinion

Do, J.

INTRODUCTION

This is the second appeal in this juvenile dependency matter. In the first appeal, we conditionally reversed the juvenile court’s orders terminating parental rights to E.K. and D.K. (collectively, the children), for the limited purpose of permitting the Agency to comply with its inquiry obligations under the federal Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq). (In re E.K. (Sept. 12, 2023, D082144) [nonpub. opn.] (E.K. I).) On remand, the San Diego County Health and Human Services Agency (Agency) conducted additional ICWA inquiries in compliance with our opinion, and the court again found ICWA did not apply. Accordingly, the court reversed its conditional reinstatement of parental rights and terminated them. Now, J.K. (Father) challenges the juvenile court’s orders terminating

parental rights.1 According to Father, the juvenile court prejudicially erred when it found ICWA did not apply to the proceedings, because: (1) the Agency failed to sufficiently provide the family’s demographic information to the relevant Native American tribes and the Bureau of Indian Affairs (BIA); and (2) the juvenile court abused its discretion when it denied Father’s request…

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