Los Angeles County Department of Children & Family Services v. Eric D.

Good Law
1 Cal. Rptr. 3d 578·110 Cal. App. 4th 214·2003 Cal. App. LEXIS 1020·2003 Daily Journal DAR 7478·2003 Cal. Daily Op. Serv. 5958
Court of Appeal of CaliforniaJuly 7, 2003No. B157482California5,120 words

Opinion

lead Opinion

Johnson, J.

*217 Opinion

Eric D. (father) appeals from the juvenile court’s dispositional order removing his two children from his custody. Father asks this court to reverse the order based on his contentions; (1) the Los Angeles County Department of Children and Family Services failed to comply with the notice requirements of the Indian Child Welfare Act, 1 (2) the court abused its discretion when it denied father’s Marsden 2 motion, (3) there is insufficient evidence supporting the court’s, decision to remove the children, and (4) there is insufficient evidence supporting the court’s finding father has a history of drug and alcohol use.

In the published portion of the opinion, we hold notice to a tribe under the Indian Child Welfare Act (ICWA) must include, among other things, the categories of information set forth in the Bureau of Indian Affairs Guidelines (Guidelines) at 25 Code of Federal Regulations part 23.11(d)(3) (2003), if such information is known, including, but not limited to, the name of a child’s grandparents. We find the Department of Children and Family Services has complied with the notice requirements of the ICWA in this case.

In the unpublished portion of the opinion,…

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