In re E.C.
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A.C. (Mother) is the mother of E.C., now three years old. In 2020, E.C. was taken into protective custody after Mother’s domestic violence-related arrest, and, in 2021, she was made a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivisions (b)(1) and (j).1 Mother timely appealed the juvenile court’s order terminating her parental rights under section 366.26.2 E.C.’s alleged father, Ed. C., is not a party to the appeal. Mother’s sole claim on appeal is that Kern County Department of Human Services (the Department) failed to comply with the Indian Child Welfare Act of 1978(ICWA) and related California law with respect to its duty of “further inquiry,” which was triggered by information that maternal great-grandmother and two maternal great-uncles were enrolled members of the Apache tribe
The Fifth Appellate District conditionally reversed the juvenile court’s finding that ICWA does not apply and remanded the matter to the juvenile court with directions to order the Department to comply with the inquiry and documentation provisions set forth in section 224.2, subdivisions (b) and (e), and rule 5.481(a)(5). The court further explained that if, after determining that an adequate inquiry was made consistent, the juvenile court finds that ICWA applies, the court shall vacate its existing order and proceed in compliance with ICWA and related California law. If the court instead finds that ICWA does not apply, its ICWA finding shall be reinstated. In all other respects, the court’s orders terminating Mother’s parental rights are affirmed.
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