In re E.M. CA4/2
APPEAL from the Superior Court of Riverside County. Donal B. Donnelly, Judge. Conditionally reversed with directions.
Mansi Thakkar, by appointment of the Court of Appeal, for Defendant and Appellant.
Office of County Counsel, Teresa K.B. Beecham and Julie K. Jarvi, Deputy County Counsel, for Plaintiff and Respondent.
I. INTRODUCTION
Defendant and appellant R.M (Father) appeals from the February 3, 2022 orders terminating his parental rights to his son, E.M. (born in May 2021), and placing E.M. for adoption. (Welf. & Inst. Code, § 366.26.) Father claims the orders must be reversed based on prejudicial “initial inquiry” error under the Indian Child Welfare Act (25 U.S.C. § 1901 et. seq.) (ICWA) and related California law (§ 224.2). We agree that prejudicial error is shown; thus, we conditionally reverse the section 366.26 orders. (See In re Benjamin M. (2021) 70 Cal.App.5th 735, 743-746 (Benjamin M.).)
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