Butte County Children's Services Division v. Kathleen S.

Kathleen S., the mother of minor Jonathan D., appeals from the juvenile court’s order terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395.) 1 The mother contends the juvenile court erred by failing to require compliance with the notice provisions of the Indian Child Welfare Act (the Act). ( 25 U.S.C. § 1901 et seq.) We agree.

Factual and Procedural Background

In May 1999 a dependency petition was filed under section 300, subdivision (b) concerning the 16-month-old minor. The petition alleged the minor’s mother had been arrested for controlled substance offenses and had failed to reunify with the minor’s half sibling, the minor was observed to have bruising, and the minor’s father was on parole. The petition was sustained and reunification services were ordered.

In January 2000, following a contested six-month review hearing, the juvenile court terminated reunification services and set a section 366.26 hearing. The social worker’s report for that hearing recommended a permanent plan of adoption.

The father’s extraordinary writ petition was granted, and the section 366.26 hearing was vacated so the father could be provided with additional reunification…