In re D.C. CA4/1

DISCUSSION

Mother submitted an ICWA-020 form at the detention hearing in January 2017 indicating that one or more of her family members may be a member of the Cherokee tribe. At the hearing, Mother stated that her maternal grandfather had Cherokee ancestry. The ICWA-030 notices for the children served on the tribal entities identified the name of the maternal grandfather but contained no other biographical information for the extended maternal family members. Before reversing or vacating a judgment based upon a stipulation of the parties, an appellate court must find “both of the following: [¶] (A) There is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal. [¶] (B) The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated

2 reversal will reduce the incentive for pretrial settlement.” (Code Civ. Proc., § 128, subd. (a)(8).) The present case involves reversible error because the parties agree, and we concur, that the Department failed to comply with the ICWA and related California…