Derek W. v. Santa Barbara County Child Protective Services

Good Law
1999 Cal. App. LEXIS 680·73 Cal. App. 4th 828·86 Cal. Rptr. 2d 742·99 Daily Journal DAR 7463·99 Cal. Daily Op. Serv. 5862
Court of Appeal of CaliforniaJuly 22, 1999No. B128676California2,102 words

Opinion

Lead Opinion

Yegan, J.

David W. petitions for a writ of error coram vobis to vacate the judgment terminating his parental rights to his son, Derek, on the ground that the juvenile court failed to comply with the Indian Child Welfare Act (ICWA), 25 United States Code Annotated section 1901 et seq. 1 We have issued an order to show cause. We now deny the petition.

Facts and Procedural History

Derek, who is of “mixed race but dark skinned,” was born in 1989, addicted to cocaine and amphetamine. He was removed from the custody of his parents, Adele B. and David W., and placed in foster care with Stephanie and John K., who are Caucasian. Derek has lived with the K.’s since he was nine days old. Derek suffers from developmental delay, a respiratory condition similar to asthma, and has behavioral and emotional difficulties. Reunification efforts with David W. failed.

In 1992, the court selected long-term foster care as the permanent plan for Derek W., after determining that he was unlikely to be adopted due to his multiple special needs. We affirmed that order in a nonpublished opinion. (In re Derek W. (Apr. 28, 1992) B059107 [nonpub. opn.].) In 1998, the K.’s asked to adopt Derek and the court…

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