In re Q.S. CA2/5
The parents appeal from an order terminating parental rights to their son under Welfare and Institutions Code section 366.26. They contend the juvenile court erred when it determined the Los Angeles County Department of Children and Family Services (DCFS) satisfied its inquiry obligations under the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) and related California law as to son’s possible Indian heritage. No interested party filed a respondent’s brief; instead, mother, father, DCFS, and son filed a joint application and stipulation for conditional affirmance and remand to the juvenile court to permit proper compliance with ICWA and related California law. We accept the parties’ stipulation, but our disposition is a conditional reversal.
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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