In re A.R.
P.D. (mother), the mother of A.R.1 and A.R.2, and A.R.1 and A.R.2 (individually child, collectively children) by the same presumed father, A.R. (father), appealed from a judgment obtained by respondent Riverside County Department of Public Social Services (respondent) terminating her parental rights to them. (Welf. & Inst. Code, 366.26.)[1] Mother filed an opening brief contending that the juvenile court failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA). (25 U.S.C. 1901 et seq.; 224 et seq.; Cal. Rules of Court, rule 5.480[2]. As to the inquiry and notice requirements, see 224.2, 224.3; rule 5.481(a), (b).) On October 22, 2009, the parties filed a joint application and stipulation for reversal with directions to order respondent to make proper inquiry, to comply with ICWA notice requirements, and to either conduct a new hearing under section 366.26 in conformity with ICWA if a tribe determines that the children are Indian children, or (2) reinstate all previous findings and orders if no response is received under ICWA or the tribes determine that the children are not Indian children. After our own careful review of the entire record, we conclude that the juvenile court did fail to comply with the inquiry and notice requirements of ICWA, and we reverse with the requested directions.
Comments on In re A.R.