In re S.K. CA2/2

Good Law
Court of Appeal of CaliforniaSeptember 16, 2014B253199California1,053 words

Opinion

Opinion

DISCUSSION

The sole issue on appeal is whether the juvenile court erred in terminating father’s parental rights for failure to comply with the requirements of the ICWA. “The ICWA, enacted by Congress in 1978, is intended to ‘protect the best interests of Indian children and to promote the stability and security of Indian tribes and families.’ [Citation.] ‘The ICWA presumes it is in the best interests of the child to retain tribal ties

In its report for the six-month review hearing, the Department of Children and Family Services (DCFS) reported that ICWA did not apply. It noted the same in subsequent reports.

Father filed a petition for extraordinary writ challenging the juvenile court’s order made at the 12-month review hearing. In that petition, he did not raise any issues regarding ICWA. (Stacy K. v. Superior Court (Mar. 29, 2013, B246299) [nonpub. opn.].)

3 and cultural heritage and in the interest of the tribe to preserve its future generations, a most important resource.’ [Citation.] “‘The ICWA confers on tribes the right to intervene at any point in state court dependency proceedings. [Citations.] “Of course, the tribe’s right to assert jurisdiction over the…

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