In re S.L.
Anthony C. (Father) appeals from the juvenile court’s orders denying his Welfare and Institutions Code section 388 petitions with respect to D.C., A.C., and S.L.; denying his request to testify telephonically at a hearing; finding the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) did not apply; and giving the legal guardian of D.C. and A.C. discretion over the time, place, and manner of his visitation.[1] Father’s children D.C. and A.C. were adjudged dependents of the court under section 300, subdivisions (b) (failure to protect); (g) (no provision for support); and (j) (abuse of sibling). S.L., the half sister of D.C. and A.C., was adjudged a dependent of the court under section 300, subdivisions (b) and (g). D.B. (Mother) and Larry L., the father of S.L., are not parties to this appeal.
We reverse the March 19, 2012 order granting legal guardianship over D.C. and A.C. and the February 1, 2012 order granting long-term foster care for S.L. and remand the case to the juvenile court with directions to order the Department of Children and Family Services (DCFS) to provide the Cherokee Nation with proper notice of the proceedings under the ICWA. If, after receiving proper notice, a tribe determines D.C., A.C., and S.L. are Indian children as defined by the ICWA, the juvenile court shall proceed in conformity with the provisions of the ICWA. If no tribe indicates D.C., A.C., and S.L. are Indian children within the meaning of the ICWA, the court shall reinstate the March 19, 2012 order of legal guardianship and the February 1, 2012 order of long-term foster care. The court shall then modify the visitation order to specify the frequency and duration of Father’s visits with D.C. and A.C.
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