In Re Samuel P.

BAMATTRE-MANOUKIAN, Acting P.J.

The mother of three minor children appeals from dispositional orders removing the children from her care and custody. She claims the juvenile court committed reversible error by failing to ensure that notice requirements under the Indian Child Welfare Act (ICWA) were met, and that the court committed further error by failing to apply ICWA standards to the proceedings. She contends she did not waive her right to raise these claims on appeal by failing to assert them at the dispositional hearing.

We find that the Department of Family and Children's Services (the Department) did not comply with the notice requirements of the ICWA. We therefore reverse the dispositional order and remand this matter so that the relevant tribe can be properly noticed of the proceedings. If it is determined that the children are Indian children within the meaning of the ICWA, the court must hold a further dispositional hearing applying the requirements of the ICWA. Otherwise, the court's dispositional orders are to be reinstated.

On October 11, 2000, the Department filed petitions under Welfare and Institutions Code section 300, subdivision (b) [1] [failure to protect],…