Stanislaus County Community Services Agency v. Cynthia E.

Cynthia E. appeals from orders terminating her parental rights (Welf. & Inst. Code, § 366.26) as to her children, Brittany, D’Andre, Kiah, Tailour and Edward, Jr. 1 She contends the termination orders were erroneous due to alleged noncompliance with Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) notice requirements. She additionally claims the juvenile court failed to find termination would be detrimental and improperly denied her request for a bonding study. In the *3 published portion of this opinion, we hold proper notice to some but not all possible tribes in which a dependent child may be eligible for membership does not violate the ICWA provided the Bureau of Indian Affairs also receives notice pursuant to 25 United States Code section 1912 . On review, we will affirm.

Procedural and Factual History

The children in this case, who presently range in age from five and one-half to 17 years, have been dependent children of the juvenile court for more than five years. The court previously determined they came within its jurisdiction under section 300, subdivisions (b) and (g), in that appellant was unable to care for them due to her substance abuse and…