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In re M.H.

In re M.H.
04:21:2006

In re M.H.







Filed 4/17/06 In re M.H. CA1/2






NOT TO BE PUBLISHED IN OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





FIRST APPELLATE DISTRICT





DIVISION TWO
















In re M. H., a Person Coming Under the Juvenile Court Law.




SAN MATEO COUNTY HUMAN SERVICES AGENCY,


Plaintiff and Respondent,


v.


KELLY D.,


Defendant and Appellant.



A111463


(San Mateo County


Super. Ct. No. 73063)



Kelly D., mother of M. H., appeals from a final judgment terminating parental rights pursuant to Welfare and Institutions Code, section 366.26. (Welf. & Inst. Code, § 395; California rules of Court, rule 1435(b).) She contends that notice was not given in accordance with the provisions of the Indian Child Welfare Act (25 U.S.C. § 1911 et seq.) (ICWA). She contends that respondent San Mateo County Human Services Agency did not comply with the ICWA in that notices sent omitted required information that was known, contained inaccurate information and omitted other information the agency likely could have obtained. She further contends that the agency violated the ICWA in failing to properly re-notice the Cherokee Nation of Oklahoma and the Bureau of Indian Affairs (BIA) of both pending proceedings and the right to intervene by registered mail.


Respondent agency has conceded that it did not, in fact, comply with ICWA notice requirements. Respondent therefore â€





Description A judgment terminating parental rights.
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