In Re Robert A.
San Diego County Health & Human Services Agency v. Robert A.
Opinion
Opinion
Irion, J.
Robert A. (Father) appeals an order under Welfare and Institutions Code section 387 removing his son Robert A. (Robert) from his custody. Father contends the allegations of the section 387 or supplemental petition did not state a basis for jurisdiction. Father also contends the evidence was insufficient to support the juvenile court’s findings that (1) the previous disposition had not been effective, and (2) it would be detrimental to Robert to remain in Father’s custody. Additionally, Father contends the court did not comply with the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.).
We agree ICWA noncompliance requires reversal and remand for the purpose of securing ICWA compliance. Otherwise, we find no error.
FACTUAL AND PROCEDURAL BACKGROUND
Robert is the son of Father and Roberta A., who were married but living separately at all relevant times. In November 2004, Robert, then 10 years old, was living with Father in a motel room.
On November 24, police executed a search warrant and found methamphetamine in various places—including some within Robert’s reach—along with marijuana, pornography and switchblade knives. Father told police he used…