In re I.S. CA2/5
The juvenile court terminated the parental rights of S.C (mother) and J.S. (father) to their child I.S. under Welfare and Institutions Code section 366.26. Both parents appealed from the termination order, contending that it should be conditionally reversed and remanded for compliance with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901, et seq.) and related California statutes (§ 224 et seq.) No interested party filed a respondent’s brief; instead, the parents and the Department of Children and Family Services (the Department) filed a joint application and stipulation for conditional reversal and remand to the juvenile court for compliance with ICWA and the issuance of an immediate remand.
This case involves reversible error because the parties agree, and we concur, there was noncompliance with the inquiry requirements of ICWA and related California provisions.
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