In R.K.
At a Welfare and Institutions Code section 366.26 hearing in October 2007, the Sutter County Juvenile Court terminated the parental rights of D. K. (mother) and R. K., Sr., (father) to their three children -- nine-year-old R. K., Jr.; seven-year-old D. D. K.; and five-year-old S. K. Mother timely appealed to this court. In an opinion filed in June 2008, we rejected mothers contentions that the evidence of adoptability was insufficient and that the juvenile court gave insufficient weight to the sibling bond. However, we found merit in mothers contention that the Sutter County Department of Human Services (the department) had failed to comply with the Indian Child Welfare Act (ICWA) (25 U.S.C. 1901 et seq.), in that it had utilized an erroneous address for the United Keetoowah Band of Cherokee Indians. (In re R.K. et al. (June 30, 2008, C057364 [nonpub. opn.]; see Nicole K. v. Superior Court (2007) 146 Cal.App.4th 779, 783.) We ordered: The orders terminating parental rights are conditionally vacated and the matter is remanded for the purpose of providing ICWA notice to the designated agent for the United Keetoowah Band of Cherokee Indians at its most recent address listed in the federal register. If the tribe responds that the children are Indian children or eligible for enrollment, the court shall proceed as required by ICWA. If the tribe responds that the children are not Indian children or eligible for enrollment, the court shall reinstate the order terminating parental rights. (In re R.K., at p. 19.)[1]
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