In re Josie P.
Elizabeth M. (Mother) appeals from the May 18, 2009 juvenile court order terminating her parental rights to Josie P. pursuant to Welfare and Institutions Code section 366.26. Josies presumed father (C.C.) and Josies alleged father (Albert P.) are not parties to the appeal.
Mother argues the juvenile court and Orange County Social Services Agency (SSA) failed to comply with the notice requirements of the Indian Child Welfare Act, 25 United States Code section 1901 et seq. (ICWA), and the ICWA notice requirements set forth in the California Rules of Court. At the detention hearing, Mother stated she might have a little American Indian blood. The juvenile court responded: At this time[,] Ill indicate it might apply. Im going to have to make that finding. The court never made ICWA findings. There is no evidence that SSA provided notice pursuant to ICWA. (25 U.S.C. 1912(a); see Cal. Rules of Court, rule 5.481; id., former rules 1439(f), 5.664.) County counsel concedes the juvenile court and SSA failed to comply with ICWA. County counsel requests that we reverse the order terminating parental rights and remand solely for the purposes of ICWA compliance, as illustrated by the disposition in In re Nikki R. (2003) 106 Cal.App.4th 844, 855‑856.) Court agree.
Comments on In re Josie P.