In re Robert W. CA5
Jeremy W. (father) is the father of the child Robert W., 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 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) and related California law because the department did not ask Robert’s known relatives about possible Indian ancestry.
The department concedes that it failed to conduct adequate ICWA inquiry as to possible Indian ancestry of Robert, 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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