In re L.P. CA4/2

I. INTRODUCTION

On this appeal from a juvenile court dispositional order, defendants and

appellants, J.P. (Mother) and R.J. (Father), raise three claims of error: (1) their history of

methamphetamine use is insufficient to support the court‟s jurisdictional findings that the

children were at risk of abuse or neglect (Welf. & Inst. Code, § 300, subd. (b));1 (2) the

court abused its discretion in ordering the children removed from parental custody at

disposition (Welf. & Inst. Code, § 361, subd. (c)(1)); and (3) inadequate notice of the

proceedings was given under the Indian Child Welfare Act (ICWA) (25 U.S.C.A. § 1901

et seq.) and related California law (Welf. & Inst. Code, §§ 224.2, 224.3).

We reject the parents‟ first and second claims of error, but plaintiff and

respondent, San Bernardino County Children and Family Services (CFS), concedes its

ICWA notice lacked known information concerning paternal relatives. Father is the only

parent who may have Indian heritage. The ICWA notice did not include information

concerning any paternal relatives other than Father even though names of the paternal

grandparents were known or readily available to CFS when the notice was…