In re B.B. CA4/1
H.A. (Mother) appeals from an order of the juvenile court terminating her parental rights over B.B. pursuant to Welfare and Institutions Code section 366.26. Mother, a member of the Citizen Potawatomi Indian Tribe (the Tribe), claims that the juvenile court violated the federal Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) and its state equivalent (Welf. & Inst. Code, § 224 et seq.) when it found that Mother's continued custody of B.B. likely would result in serious emotional or physical damage to B.B., both because the court applied an incorrect standard of proof and failed to base its detriment finding on evidence provided by a qualified expert witness. Further, Mother argues that substantial evidence did not support the juvenile court's finding that active efforts were made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and those efforts proved unsuccessful.
Comments on In re B.B. CA4/1