In re D.N. CA2/3

INTRODUCTION

Father G.N. appeals from the juvenile court’s jurisdictional and dispositional orders concerning his daughter, D.N. Father does not challenge the substantive findings made by the trial court, but contends the court’s orders must be reversed because the Department of Children and Family Services (Department) failed to comply with the notice requirement of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). We agree the Department failed to comply with ICWA and remand the matter with directions to the juvenile court to ensure the Department’s compliance with ICWA’s notice requirement. We affirm the orders of the juvenile court in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

Eliza V. (mother) and father are unmarried and had two children together, D.N. and Giselle N. At the time the Department filed its petition in this case, D. was two and one-half years old and Giselle was seven months old. Giselle died during the pendency of this appeal. The Department first learned of the family in late November 2013, when mother sought an emergency protective order against father. Mother reported to the Sheriff’s Department that father physically abused her…