In re O.A.
In this dependency case (Welf. & Inst. Code, 300 et seq.),[1]April A., the mother of the minor children O.A. (born February 2000) and E.A. (born June 2005), has appealed from a section 366.26 order terminating her parental rights to the child E.A. She contends proper notice was not given under the Indian Child Welfare Act (25 U.S.C. 1901 et seq., the ICWA). The respondent in the case, the Los Angeles County Department of Children and Family Services (the Department) concedes reversible ICWA error and argues for limited remand. Mother also contends the trial court failed to make an order that provides for visitation between herself and the minor children. The Department has requested that we take judicial notice of an order entered by the dependency court subsequent to the filing of this appeal. Such order contains specifics regarding Mothers contacts with O.A. by telephone and letters, but does not address visitation by Mother with E.A. While the Department asserts that the subsequent order renders Mothers appellate contentions moot, Mother disagrees because visitation with E.A. is not addressed.
Based on the record in this case, we find that the only issue raised by Mother that has merit is the one concerning ICWA notice. Court reverse the section 366.26 order terminating the parents parental rights and remand the case with directions for compliance with the ICWA.
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