Letitia

Letitia V. and the Pechanga Band of Luiseño Mission Indians (the Tribe) seek extraordinary relief from an order of the juvenile court denying reunification services and setting a permanency hearing under Welfare and Institutions Code (all subsequent statutory references are to this code) section 366.26 with regard to her nine-month-old son, Levi V. Petitioners claim the court’s order is based on California law which conflicts with and is preempted by section 1912(d) of the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) and that “active efforts” within the meaning of the ICWA were not made to prevent the severance of Letitia’s relationship with her son. We find no conflict between relevant state and federal law and conclude active efforts were made within the meaning of the ICWA to prevent the breakup of Letitia’s family. We therefore deny the petition for a writ of mandate.

In September 1999, Levi entered the world—and the juvenile dependency system—under the influence of cocaine. He was immediately taken into protective custody by the Orange County Social Services Agency (SSA). His mother, Letitia, had a long history of substance abuse—and a long…