In re K.G.-C. CA4/2
K.G. (mother) appeals from an order terminating her parental rights to her now-ten-year-old daughter K.G.-C. (K. or child). She contends that the juvenile court erred by refusing to apply the parental-benefit exception to termination. She also contends that Children and Family Services (CFS) erroneously failed to comply with the inquiry requirements of state statutes implementing the Indian Child Welfare Act (ICWA).
We will hold that the juvenile court properly found that the parental-benefit exception did not apply. However, CFS concedes that it failed to carry out its duty of inquiry. Accordingly, we will reverse, but only conditionally. If, after a proper inquiry, the juvenile court finds that ICWA does not apply, it must reinstate the order terminating parental rights.
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