In re David R.
David R. appeals the judgment terminating his parental rights to his son, David R. II (David II). David contends the San Diego County Health and Human Services Agency (the Agency) did not comply fully with the notice requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). David correctly notes: there is no ICWA-030 form (Cal. Rules of Court, rule 5.481(a)(4)(A) [Notice of Child Custody Proceeding for Indian Child]) in the record; the Agency based its ICWA notices on inaccurate information; and the Agency did not send ICWA notice to the Comanche Tribe, although David II's mother, who died during the juvenile court proceedings, claimed Comanche Tribe heritage. The Agency concedes it did not send ICWA notices to all of the tribes named in the mother's ICWA-020 form (Cal. Rules of Court, rule 5.481(a)(2) [Parental Notification of Indian Status]), and did not provide the court with ICWA notices or a documented explanation why notice was not sent to the Comanche Tribe. The Agency further concedes that a limited remand is necessary to effect and document proper ICWA inquiry and notice.
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