JUSTIN L. v. Superior Court

Good Law
165 Cal. App. 4th 1406·2008 Cal. App. LEXIS 1239·81 Cal. Rptr. 3d 884
Court of Appeal of CaliforniaAugust 14, 2008B206462California1,302 words

Opinion

Opinion

Aldrich, J.

I

INTRODUCTION

Three parents of two children, mother R.L.W., Justin L., father of I.L., and Jaron D., father of E.D., filed petitions for extraordinary writ review (Cal. Rules of Court, rule 8.452) challenging various orders made by the juvenile court on March 12, 2008. We issue a peremptory writ of mandate for the sole purpose of directing the juvenile court and the Department of Children and Family Services (the Department) to comply with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 ( 25 U.S.C. §§ 1901 et seq. & 1912; the ICWA). In all other respects we affirm the juvenile court’s orders. We publish this opinion to call attention, once again, to the persistent failure of the juvenile court and the Department to fulfill their obligations under the ICWA.

II

FACTUAL AND PROCEDURAL BACKGROUND

a., b.

c. The adjudication and disposition orders

The juvenile court sustained the following allegations in the petition under Welfare and Institutions Code section 300, subdivisions (a), (b), (e), and (g): In March 2007, baby E. was found to be suffering from a seizure, fever, difficulty breathing, and injuries to her back, thighs, left bicep, and…

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