In re Raymond S.
Appellants Raymond S., Sr. (Raymond) and Celia M. (Celia) (collectively, the parents) appeal from orders denying Celias petition under Welfare and Institutions Code section 388 and terminating their parental rights to their children, Raymond S., Jr. (Raymond Jr.) (born in 2002), Jesse S. (Jesse) (born in 2003), and Angel S. (Angel) (born in 2004) (collectively, the children), under section 366.26. Both parents also filed writ petitions for habeas corpus related to this appeal. Celia contends that she was denied effective assistance of counsel as to both her section 388 petition and the section 366.26 hearing, and that the dependency court violated the federal Indian Child Welfare Act (ICWA) by failing to ensure proper inquiry into Celias possible Native American heritage. Raymond maintains that his counsel also did not provide him with adequate assistance and joins in Celias argument based on ICWA. Both parents writ petitions allege ineffective assistance of counsel.
Because the dependency courts ICWA inquiry in this case was insufficient, as the County Counsel concedes, we reverse the order terminating parental rights solely on that basis and remand to allow the court to conduct the proper inquiry. On all other issues, Court affirm. As to Raymond and Celias separate petitions for writs of habeas corpus, which Court consider with this appeal, Court deny both petitions.
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