Adoption of R.P. CA2/4

INTRODUCTION

Appellant C.P. (father) appeals from an order of the juvenile court terminating his parental rights with respect to his daughter, R.P., and declaring her free from his parental custody and control. Respondent M.R. (step-father) concedes that the juvenile court made several errors, described below. Therefore, we reverse and remand for further proceedings.

FACTS AND PROCEDURAL BACKGROUND

On September 22, 2022, step-father filed a petition to adopt R.P., who was 10 years old at the time. The petition alleged father had left R.P. in the care of her mother for one year or longer without providing for R.P.’s support or communicating with her. The petition included an ICWA-020 form in which R.P.’s mother denied Indian status.1 On November 21, 2023, the juvenile court issued a citation to father, directing him to appear and present evidence why R.P. should not be declared free from his custody or control. However, the citation bore the wrong date, indicating that the hearing would occur on January 22, 2023—which had already passed. On January 4, 2024, the citation was served on father in state prison. A probation officer’s report was issued, indicating that the probation…