San Diego County Health & Human Services Agency v. Karl C.

In this consolidated matter, Karl C. and Roberta C. appeal the order declaring their daughter, Karla C., a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (b), 1 and removing her from parental custody. The parents contend the order must be reversed because the court’s finding the notice requirements of the Indian Child Welfare Act (the ICWA) ( 25 U.S.C. § 1901 et seq.) were satisfied is unsupported by the evidence. Particularly, the parents complain that although the evidence shows the San Diego County Health and Human Services Agency (the Agency) sent some type of notice to the Indian tribe in question, there is no evidence of the notice’s contents because the Agency did not file a copy of it with the court.

We join the weight of authority in holding the ICWA notice must be filed with the court. Moreover, here the error may not be deemed harmless as there *172 is no suggestion in the appellate record that the notice sent to the tribe contained required information. Accordingly, we reverse the order with directions.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2003, 2 Roberta, Karl and six-week-old Karla were living in a…