In re S.C.
Mother appeals from a juvenile court order terminating her parental rights under Welfare and Institutions Code section 366.26,[1] to her daughter, S.C. (born in 2005), and her two sons, J.D. (born in 2010) and J.J.D. (born in 2011). Mother contends the juvenile court failed to ensure proper notice was provided under the Indian Child Welfare Act of 1978 (ICWA) 25 U.S.C. § 1901 et seq.
Because the record on appeal does not demonstrate compliance with ICWA notice requirements, the order terminating parental rights is reversed, and the proceedings are remanded to the juvenile court to allow ICWA notice compliance. If, after proper ICWA notice, a tribe claims the children are Indian children, the juvenile court shall proceed in conformity with all the provisions of ICWA. If no tribe claims that the children are Indian children, the order terminating parental rights shall be reinstated.
Comments on In re S.C.