In re A.S. CA4/2

── In re A.S. CA4/2 ── Court: California Court of Appeal Date: June 05, 2026 Category: General Filed 6/5/26 In re A.S. CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOURTH APPELLATE DISTRICT DIVISION TWO In re A.S., a Person Coming Under the Juvenile Court Law. RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, E087434 Plaintiff and Respondent, (Super.Ct.No. RIJ1301021) v. OPINION ANTONIO S. et al., Defendants and Appellants. APPEAL from the Superior Court of Riverside County. Sean P. Crandell, Judge. Affirmed. Robert McLaughlin, under appointment by the Court of Appeal, for Defendant and Appellant, Antonio S. Monica Vogelmann, under appointment by the Court of Appeal, for Defendant and Appellant, T.A. 1  Minh C. Tran, County Counsel, Jamila T. Purnell, Chief Assistant County Counsel, and Larisa R-McKenna, Deputy County Counsel, for Plaintiff and Respondent. T.A. (Mother) and Antonio S. (Father) appeal from the juvenile court’s order terminating parental rights to their son, A.S. (Welf. & Inst. Code, § 366.26, subd. (c)(1); unlabeled statutory references are to this code.) Mother contends that the court violated her due process rights by failing to follow the necessary procedures for appointment of a guardian ad litem. Father joins. Father also argues that the court failed to discharge its duty of initial inquiry under the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA) and related state law. We agree with both claims of error, but we conclude that the errors were harmless. We therefore affirm. BACKGROUND I. Referral and detention In November 2023, the Riverside County Department of Public Social Services (DPSS) filed a petition under section 300, alleging that A.S. (then five days old) and his older half brother E.P. were at risk of serious physical harm. (E.P. is not involved in this appeal.) The petition alleged that Mother (1) had a history of using methamphetamine, including while she was pregnant with A.S., (2) had unresolved mental health issues, (3) did not receive prenatal care during her pregnancy with A.S. or secure necessary provisions for his care, (4) had a criminal history, and (5) had a child welfare history that includes the termination of her parental rights to two older children. The petition alleged 2 that Father had a history of abusing controlled substances including methamphetamine, and he neglected the health, safety, and well-being of A.S. According to the detention report, Mother gave birth to A.S. in November 2023. She had been diagnosed with several conditions, including bipolar disorder, panic disorder, posttraumatic stress disorder, and psychosis. She admitted using methamphetamine while she was pregnant with A.S., and she reported that she had a history of involuntary holds under section 5150. She had been having visual and auditory hallucinations and hearing “voices telling her mean things.” She had “extreme paranoia,” and the nurse at the hospital said that she “was concern[ed] about [Mother’s] mental health.” Father had not been to the hospital since A.S. was born. Father had a criminal history that included convictions for possession of controlled