In re D.N.
Los Angeles County Department of Children & Family Services v. R.N.
Opinion
Opinion
Epstein, J.
R.N. (mother) and E.T. (father) appeal from the order terminating their parental rights to daughters D.N. and A.T. The parents argue there is a lack of compliance with the notice requirements of the Indian Child Welfare Act of 1978, 25 United States Code section 1901 et seq. (ICWA). We affirm. Substantial evidence supports the juvenile court’s determination that notice was proper and ICWA did not apply to this case. In the published portion of this opinion, we conclude, among other things, that this court cannot override the Choctaw Nation’s determination that the children are not eligible for membership.
FACTUAL AND PROCEDURAL SUMMARY
In June 2010, the Los Angeles County Department of Children and Family Services (DCFS) filed a Welfare and Institutions Code section 300 petition on behalf of D.N. (bom in 2006) and A.T. (bom in 2010). The petition alleged mother had a long history of substance abuse, and father had failed to provide for A.T.
Mother claimed she had Choctaw Indian ancestry. The court ordered DCFS to provide ICWA notices to the Choctaw tribes and the Bureau of Indian Affairs (BIA). In July 2010, DCFS sent notices to the Choctaw Nation of Oklahoma, the…