In re R.M.
Ricky M. (Father) appeals from a Welfare and Institutions Code section 366.26[1]hearing wherein his parental rights to R.M. (R.) and M.M. (M.) were terminated.[2] Fathers sole claim on appeal is that there was insufficient evidence that notice was given as required by the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) (ICWA) and related federal and state law.
Court agree that that there was insufficient evidence of even substantial compliance with the ICWA notice requirements. Accordingly, the appropriate appellate remedy is a conditional reversal and limited remand. (In re Francisco W. (2006) 139 Cal.App.4th 695, 704-710; In re Jonathon S. (2005) 129 Cal.App.4th 334, 342-343.)
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