Filed 8/23/22 In re W.R. CA2/5

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions 

not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion 

has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re W.R., a Person Coming 

Under the Juvenile Court Law.

 B317699

 (Los Angeles County

 Super. Ct. No.

 19LJJP00542C)

LOS ANGELES COUNTY 

DEPARTMENT OF 

CHILDREN AND FAMILY 

SERVICES,

Plaintiff and Respondent,

v.

J.W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County 

of Los Angeles, Stephanie M. Davis, Judge Pro Tempore. 

Conditionally reversed and remanded with instructions.
2

Pamela Deavours, under appointment by the Court of 

Appeal, for Defendant and Appellant.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, 

Assistant County Counsel, and Sally Son, Deputy County 

Counsel, for Plaintiff and Respondent.

___________________________

J.W. (mother) appeals from the juvenile court’s order 

terminating her parental rights to W.R. (the child) pursuant to

Welfare and Institutions Code section 366.26.

1 Her sole 

argument on appeal is that the order should be conditionally 

reversed and remanded for compliance with the inquiry 

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, 

counsel for mother and the Los Angeles County Department of 

Children and Family Services (the Department) filed a joint 

application and stipulation for conditional reversal and remand 

to the court for compliance with ICWA and the issuance of an 

immediate remand.

After reviewing the record, we agree with the parties that 

this case involves reversible error because the Department failed 

to comply with the inquiry requirements of ICWA and related 

California provisions, and the juvenile court failed to ensure the 

Department’s compliance. (In re H.V. (2022) 75 Cal.App.5th 433, 

438; In re Charles W. (2021) 66 Cal.App.5th 483, 489.) The record 

reflects that the Department had contacts with the maternal 

1 All further statutory references are to the Welfare and 

Institutions Code, unless otherwise indicated.
3

grandparents; had been informed that mother had two brothers; 

and had obtained an address for the paternal grandparents. But, 

beyond the Department’s initial inquiries of mother and father, 

there is no information in the record to suggest that it made any 

effort to interview available extended family members about the 

parents’ Indian ancestry, or that the court sought to ensure that 

such inquiries had been made.

We also conclude based on our record review that the 

requirements set forth at Code of Civil Procedure section 128, 

subdivision (a)(8) for a stipulated reversal are satisfied here. (In 

re Rashad H. (2000) 78 Cal.App.4th 376, 379–382.)

DISPOSITION

The juvenile court’s order terminating mother’s parental 

rights to the child under section 366.26 is conditionally reversed 

and remanded for proceedings required by this opinion. The 

court shall order the Department to make reasonable efforts to 

interview available maternal and paternal family members about 

the possibility of the parents’ Indian ancestry and to report on 

the results of its investigation. Based on the information 

reported, if the court determines that no additional inquiry or 

notice to tribes is necessary, the order terminating mother’s 

parental rights is to be reinstated. If additional inquiry or notice 

is warranted, the court shall make all necessary orders to ensure 

compliance with ICWA and related California law.
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The remittitur shall issue forthwith.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM, J.

We concur:

RUBIN, P. J.

MOOR, J.