In re M.N. CA5
Appellant Julio N. (Father) is the father of the child M.N. (the child), who is the subject of a dependency case. Father challenges the juvenile court’s orders terminating his parental rights at a Welfare and Institutions Code section 366.26 hearing. Father’s sole claim is that the juvenile court and Kern County Department of Human Services (Department) failed to comply with the inquiry provisions of the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA).
The Department concedes that it failed to conduct further inquiry into the possible Indian ancestry of the child’s mother, Martha A. (Mother), and it does not oppose remand for the limited purpose of conducting further ICWA inquiry. We agree with the parties and conditionally reverse the juvenile court’s orders terminating parental rights and remand for proceedings to ensure ICWA compliance.
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