In Re CD

Good Law
1 Cal. Rptr. 3d 578·110 Cal. App. 4th 214
Court of Appeal of CaliforniaJuly 7, 2003B157482California5,160 words

Opinion

Opinion

Certified for Partial Publication. [*]

Eric D. (father) appeals from the juvenile court's dispositional order removing his two children from his custody. Father asks this court to reverse the order based on his contentions: (1) the Los Angeles County Department of Children and Family Services failed to comply with the notice requirements of the Indian Child Welfare Act, [1] (2) the court abused its discretion when it denied father's Marsden [2] motion, (3) there is insufficient evidence supporting the court's decision to remove the children, and (4) there is insufficient evidence supporting the court's finding father has a history of drug and alcohol use.

In the published portion of the opinion, we hold notice to a tribe under the Indian Child Welfare Act (ICWA) must include, among other things, the categories of information set forth in the Bureau of Indian Affairs Guidelines (Guidelines) at 25 Code of Federal Regulations part 23.11 (d)(3), if such information is known, including, but not limited to, the name of a child's grandparents. We find the Department of Children and Family Services has complied with the notice requirements of the ICWA in this case.

In the…

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