In re Xavier R.
L.R. appeals orders terminating her parental rights to her children Xavier R., D.P. and T.Y., and an order denying her petition under Welfare and Institutions Code section 388.[1] She contends that the court abused its discretion by denying her section 388 petition. L.R. also asserts that the orders terminating her parental rights must be reversed because there was not substantial evidence to show that proper notice under the Indian Child Welfare Act (the ICWA) (25 U.S.C. 1902) had been provided; there was no substantial evidence to support the finding that the children were adoptable; and the court erred by not finding that the beneficial parent child relationship exception to termination of parental rights and adoption applies in this case. We affirm the order denying L.R.'s section 388 petition, but reverse the orders terminating her parental rights and remand, for the limited purpose of compliance with ICWA notice requirements.
The order denying the section 388 petition is affirmed.
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