Orange County Social Services Agency v. Tiffany H.
Opinion
lead Opinion
Sills, J.
Tiffany H. appeals from the termination of her parental rights to Nikki R. The sole issue she raises is the failure by Orange County Social Services Agency to give notice under the Indian Child Welfare Act. We reverse and remand with directions for further proceedings.
Facts
Nikki was taken into protective custody by the Orange County Social Services Agency (SSA) at the age of six months, after her mother called the Child Abuse Registry for help. Nikki is a medically fragile child who has suffered from a gastric reflux condition since birth, resulting in chronic *847 crying, pain, and an inability to keep food down. Although the mother was able to care for Nikki’s two-year-old sister, she was unable to provide Nikki with the proper medical care due to her own medical problems, which include Crohn’s disease, panic disorder, and depression. She had failed to take Nikki to the doctor for recommended tests and had not refilled the child’s prescription for medication designed to manage the condition. Nikki weighed 13 pounds at the time of detention and had not gained any weight for a month. She was placed in the emergency shelter home of Ruth and Ronald D.