In re Manuel R.
Appellant Marissa O. (mother) appeals from a juvenile court terminating her parental rights to Manuel R., Jr. (Manuel). She contends that the juvenile court committed two errors: (1) Pursuant to In re Fernando M. (2006) 138 Cal.App.4th 529 (Fernando), the juvenile court erred in refusing to apply the Welfare and Institutions Code section 366.26, subdivision (c)(1)(D)exception to adoption. (2) Notices sent pursuant to the Indian Child Welfare Act (ICWA) were improper.
As for mothers complaint that respondent Department of Children and Family Services (DCFS) did not comply with ICWAs notification requirements, DCFS concedes in its respondents brief that notice was deficient. That error compels a limited reversal of the juvenile courts order terminating mothers parental rights. This matter is remanded back to the juvenile court for compliance with ICWAs notice requirements.
That being said, Court conclude that substantial evidence supports the juvenile courts order refusing to apply the section 366.26, subdivision (c)(1)(D) exception to adoption.
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