Filed 8/24/21 In re J.S. CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.S

. , a Person Coming Under the Juvenile Court Law. B 3 12135

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

JUAN S.,

Defendant and Appellant. (Los Angeles County Super. Ct. No.
1 9 CCJP0 1104A

)

APPEAL from an order of the Superior Court of Los Angeles County, Philip Soto

, Judge

. Conditionally reversed and
remanded with directions

. Karen B. Stalter , under appointment by the Court of Appe al, for Defendant and Appellant

.2 Rodrigo A. Castro

- Silva, County Counsel, Kim Nemoy, Assistant County Counsel, David Michael Miller, Deputy County Counsel, for Plaintiff and Respondent.
Stacie Hendrix for the Minor.

__________________________________

Juan S. ( Father ) app eal s from a j uvenile court order terminating his parental rights over J.S

. (Minor) pursuant to
Welfare and Institutions Code section 366.26

. Father contends the juvenile court erred when it determined the Los Angeles County Department of Children and Family Services (DCFS)
satisfied its inquiry and not ice obligations under the Indian Child Welfare Act (ICWA) and related California law in connection with K.S.’s ( M other’s ) claim s of possible Indian heritage. Father

, DCFS , and Minor have stipulated to a limited reversal and a remand to the juvenile court to permit proper compliance with
ICWA and related California law . We accept the parties ’ stipulation. Our ability to accept a stipulated reversal and remand in the dependency context is discussed in In re Rashad H. (2000) 78
Ca l.App.4th 376, 379

- 382. The present case involves reversible

erro r because the parties agree, and we concur, there was noncompliance with ICWA and related California provisions. ( See, e.g., In re T.G. (2020) 58 Cal.App.5th 275, 287

- 291 .)
Because this case would be subject to re versal to permit compliance with ICWA and corresponding California statutes and
rules absent the parties ’ stipulation , a stipulated remand advances the interests identified by Code of Civil Procedure section 128, subdivision (a)(8) . That is to say, we fin d t he3

interests of non

- parties or the public are not adversely affected by our acceptance of the stipulation and the remand will not erode public trust or reduce the incentive for pretrial settlement. (See
In re Rashad H.

, supra , at 379

- 382; Union Bank of Califo rnia v.
Braille Inst. o f America, Inc. (2001) 92 Cal.App.4th 1324, 1329

- 1330.)

DISPOSITION
The juvenile court’s March 3, 2021 , order terminating parental rights is conditionally reversed and t he matter is
remanded to t he juvenile court for the limited purpose of demonstrating full compliance with ICWA and related California
law. The juvenile court is directed to re

- appoint counsel for
Father and Mother and to order DCFS to comp ly with the inquiry requirements set forth in ICWA and corresponding California
law

. If proper inquiry (to include efforts to interview Mother, Minor’s maternal grandparents, and other known and available
maternal relatives , as well as efforts to contact the Cherokee Nation, the Eastern Band of Cherokee Indians, the United Keetoowah Band of Cherokee Indians in Oklahoma, the Choctaw Nation of Oklahoma, the Jena Band of Choctaw Indians, and the Mississippi Band of Choctaw Indians ) is documented by DCFS
and f ound to have been undertaken by the juvenile court and the
court determines there is no reason to know Minor is an Indian child, the juvenile court shall reinstate the parental rights
termination order. If the juvenile court determines there is

reason to know Minor is an Indian child, the court is to proceed in compliance with ICWA and related California provisions

,4

including Welfare and Institutions Code section 224.3 . Pursuant to the parties’ stipulation, the remittitur shall issue forthwith.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

BAKER, Acting P. J.

We concur:

MOOR , J.

KIM , J

.