In Re Adoption of Hannah S.

Kristina S., mother of the minor, appeals from the orders of the superior court denying her petition to terminate the parental rights of Walter S. (father) and free the minor for adoption by the stepfather. (Fam. Code, § 7820 et seq.) Appellant contends that this court should apply the existing Indian family doctrine to permit her to avoid the substantive requirements of the Indian Child Welfare Act (ICWA). ( 25 U.S.C. § 1901 et seq.) Appellant further contends that the “good cause” exception in ICWA should apply to permit termination of the father’s parental rights. We requested supplemental briefing on several questions relating to application of the provisions of ICWA. After consideration of those issues, we conclude reversal is required.

FACTS

In August 2003, appellant filed an application to terminate the father’s parental rights in conjunction with the stepfather’s petition to adopt the minor. The petition to adopt the minor stated that the minor had no Indian ancestry. The father was in custody.

In October 2003, the Confederated Tribes of the Grand Ronde Community of Oregon (CTGR) moved to intervene because the minor was an enrolled member of the federally…