Fresno County Department of Social Services v. Nadine S.

Nadine S. appeals from the order terminating her parental rights (Welf. & Inst. Code, § 366.26) to Pedro N. and Margie N. 1 Claiming her children came within the ambit of the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.), she contends respondent Fresno County Department of Social Services (Department) gave inadequate notice to the proper authorities as required by the ICWA. Consequently, she argues the juvenile court lacked the authority to terminate her rights. Notwithstanding our opinion in In re Kahlen W. (1991) 233 Cal.App.3d 1414 [ 285 Cal.Rptr. 507 ] and federal law cited by the mother, we hold she is foreclosed from raising ICWA notice issues by her failure to challenge timely the juvenile court’s action.

Facts

On June 14, 1992, Nadine S. became severely intoxicated from drinking to the point that, at approximately midnight, she walked with her children in front of an on-coming vehicle. Both Pedro, then four years old, and Margie, then approximately one and a half years old, suffered serious injuries. Consequently, the juvenile court adjudged the children dependents, having determined the children suffered serious physical harm from their mother’s…