In Re Desiree F.
Desiree F. v. Daniel F.
Opinion
Opinion
Thaxter, J.
Picayune Ranchería of the Chukchansi Indians (the Tribe) appeals from an order denying its motion to intervene in a child dependency proceeding relating to Desiree F. and to invalidate those actions taken in alleged violation of the Indian Child Welfare Act of 1978 (ICWA or the Act). ( 25 U.S.C. § 1901 et seq.) Respondent Kings County Human Services Agency (Agency) contends that (1) the motion to intervene was untimely, and (2) substantial evidence supports a finding that Desiree was not an Indian child within the meaning of the Act.
We will conclude that the trial court erred when it denied the motion to intervene and will reverse.
Factual and Procedural Background
Desiree was bom in August 1997 and tested positive for cocaine and opiates. On August 14, 1997, a petition under Welfare and Institutions Code section 300 was filed in Fresno County alleging that Desiree should be declared a dependent of the court. The first page of the dependency petition noted that Desiree may fall within the provisions of the ICWA. The Fresno County Department of Social Services detention report indicated the minor’s mother, Patricia H., is Chukchansi Indian.