In Re KW
Opinion
Opinion
Andrea Renee S. Julian, under appointment by the Court of Appeal, San Diego, for Minor.
Certified for Partial Publication. [*]
McCONNELL, P.J.
Tabitha C., the mother of K.W., appeals the judgment terminating her parental rights under Welfare and Institutions Code [1] section 366.26. Tabitha contends reversal is required because the notice requirements of the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.) were not followed. Tabitha also appeals the juvenile court's refusal to grant an evidentiary hearing on her section 388 petition to have K.W. placed with her in a drug rehabilitation program. Tabitha contends she was entitled to a hearing because her petition established a prima facie case that circumstances had changed and the relief she was seeking was in the best interest of K.W.
In late February 2004 Tabitha, then 14 years old, gave birth to K.W. A day after the birth, Tabitha tested positive for marijuana metabolites. Tabitha was not responsive to the newborn; hospital staff had to wake up Tabitha to feed K.W., and once awakened, she soon went back to sleep even though the baby continued to cry. As a result, a nurse had to feed the baby.