N.M. v. Super. Ct.
Petitioner N.M., mother of the dependent minor, seeks an extraordinary writ ( ADDIN BA xc <@ru> xl 31 s BOLJAV000001 xpl 1 l "Cal. Rules of Court, rule 8.452" Cal. Rules of Court, rule 8.452) to vacate the orders of the juvenile court made at the disposition hearing denying reunification services and setting a ADDIN BA xc <@st> xl 44 s BOLJAV000002 l "Welfare and Institutions Code section 366.26" Welfare and Institutions Code[1] section 366.26 hearing. Mother contends that the juvenile court failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA) ( ADDIN BA xc <@st> xl 24 s BOLJAV000003 xpl 1 l "25 U.S.C. § 1901 et seq." 25 U.S.C. § 1901 et seq.). Mother also requested a stay of proceedings in the respondent court. We granted a stay of the section 366.26 hearing in the respondent court pending the resolution of this writ petition and permitted real party in interest San Joaquin County Human Services Agency to late file opposition to the writ petition. We shall issue a peremptory writ of mandate directing the juvenile court to vacate its ICWA findings and conduct further proceedings to determine whether ICWA notice is complete.
Comments on N.M. v. Super. Ct.