In re E.M. CA4/1
P.M. (Father) and J.L. (Mother, together the parents) appeal from an order issued at the Welfare and Institutions Code section 366.26 hearing terminating parental rights to their daughter, E.M., and finding without prejudice that the Indian Child Welfare Act (ICWA, 25 U.S.C. § 1901 et seq.) did not apply. Counsel for the parents and the San Diego County Health and Human Services Agency (Agency) have conferred and agree that the Agency’s investigation under the ICWA was inadequate, under the relevant statutory and decisional authority. The parties filed a joint stipulation seeking the issuance of an immediate remittitur. We accept the stipulation, conditionally reverse, and remand for the limited purpose of ensuring compliance with ICWA’s requirements.
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