In Re Joshua S.

Appellants Joshua S. and Alexander C. (the children), appeal from the January 7, 2002, order terminating the juvenile court’s jurisdiction over them more than 12 months after their indigent maternal grandmother, with whom they lived on a Canadian Indian reservation in the province of Saskatchewan, was appointed their legal guardian. They contend the juvenile court: (1) abused its discretion in terminating jurisdiction without evidence the children’s essential needs could be met without financial assistance from California; and (2) erred in not determining the issue of funding to maintain the children’s placement before terminating jurisdiction. After review, we reverse the order terminating jurisdiction and remand for further proceedings consistent with the views expressed herein.

Factual and Procedural Background

Joshua S. was bom in July 1996 with a positive toxicology for barbiturates. He was taken into custody by the Los Angeles County Department of Children and Family Services (the department) the following day. On October 17, he was adjudicated a person described by Welfare and Institutions Code section 300, subdivision (b). Joshua’s brother, Alexander, was bom in…