In re E.N.
R.N. (the mother) appeals from an order terminating parental rights to two of her children — M.N., a girl who is now four, and E.N., a boy who is now two.
The children were detained just two months after the mother brought them with her from Alabama to California. The mother therefore contends that, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Fam. Code, § 3400 et seq.), a California court did not have jurisdiction to declare the children dependents or to terminate parental rights. Alternatively, the mother also asserts defective compliance with the notice requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and related federal and state law.
We will hold that the juvenile court had temporary emergency jurisdiction, which, as long as there was no conflicting custody proceeding in any other state, gave it the authority to make final custody determinations. However, we will further hold that the ICWA notice was defective. Hence, we will order a conditional limited remand.
Comments on In re E.N.