In re Joseph M. CA2/3

INTRODUCTION

Mother T.M. appeals from the juvenile court’s jurisdictional and dispositional orders removing her sons Joseph and Jeremiah and ordering suitable placement. Mother does not challenge the substantive findings made by the court, but contends the 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 court to ensure the Department’s compliance with ICWA’s notice requirement. We affirm the orders in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts Giving Rise to the Petition Mother has two children: Joseph1 and Jeremiah. At the time the Department filed the petition in this case, Joseph was 16 years old and Jeremiah was three years old. The boys have different fathers; neither father is currently in contact with mother or the boys. The Department learned of the family on June 3, 2014, when it received a referral stating that mother had left the two boys alone at a hotel for six hours without any food or money.…