In re D.K. CA2/5

INTRODUCTION

Laura K. (mother), has two daughters, 16-year-old D.K. and four-year-old A.H., and a son, three-year-old W.H. Walter H. (father) is the biological father of A.H. and W.H.1 The juvenile court sustained a Welfare and Institutions Code section 3002 petition as to D.K. and A.H., declaring them to be dependents of the juvenile court, and dismissed the section 300 petition as to W.H. On appeal, mother contends that the juvenile court’s jurisdictional findings and disposition orders must be reversed because the Los Angeles County Department of Children and Family Services (Department or DCFS) failed to comply with the provisions of the Indian Child Welfare Act (ICWA or Act) (25 U.S.C. § 1901, et seq.). The Department cross-appeals from the juvenile court’s order dismissing the section 300 petition as to W.H. We affirm the jurisdictional findings and disposition orders as to D.K. because father did not have a parental relationship to D.K., biological or otherwise, that triggered the ICWA notice provision, and mother does not contend that there was ICWA notice error with respect to mother’s claim of Indian heritage. Because the Department did not comply with the ICWA’s notice…