In re K.B. CA2/5

Good Law
Court of Appeal of CaliforniaAugust 18, 2015B259716California1,890 words

Opinion

Opinion

INTRODUCTION

The juvenile court sustained a Welfare and Institutions Code section 300 (section 300) petition alleging that two-year-old K.B. and one-year-old S.B. came within the court’s jurisdiction. On appeal, S.A. (mother) contends that substantial evidence does not support the juvenile court’s jurisdictional finding as to her; the juvenile court erred in entering a dispositional order removing her children from her custody because the order is not supported by substantial evidence and the juvenile court failed to consider less drastic alternatives to removal; and the Los Angeles County Department of Children and Family Services (Department) failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA or Act) (25 U.S.C. § 1901, et seq.) and the juvenile court erred in finding that the ICWA did not apply. Because the Department did not comply with the ICWA’s notice provisions, we conditionally reverse the juvenile court’s jurisdictional finding and remand this case with directions to the juvenile court to ensure full compliance with the ICWA. We dismiss the appeal as to the dispositional order because it is moot.

DISCUSSION1

I. Jurisdictional…

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