In re P.E. CA5
S.I. (mother) appeals the juvenile court’s order terminating her parental rights as to her minor son, P.E. (Welf. & Inst. Code, § 366.26). Mother contends the juvenile court’s finding the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) did not apply to the proceedings was not supported by substantial evidence because the Kern County Department of Human Services (department) failed to comply with ICWA inquiry and notice provisions. Appointed counsel for D.E. (father) filed a brief pursuant to In re Phoenix H. (2009) 47 Cal.4th 835 contending there were no arguable issues. Father submitted his own letter brief joining in mother’s arguments. We conditionally reverse the juvenile court’s order terminating parental rights and remand for proceedings to ensure ICWA compliance.
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