El Dorado County Department of Social Services v. Darci S.

Appellant, the mother of D. T. and R. T. (the minors), appeals from the juvenile court’s order terminating her parental rights. Appellant contends the juvenile court failed to ensure compliance with the notice provisions of the Indian Child Welfare Act (ICWA). ( 25 U.S.C. §1901 et seq.) We agree and shall reverse. 2

*1452 FACTUAL AND PROCEDURAL BACKGROUND

A dependency petition was filed in July 2001 concerning R. T. and D. T, ages one and two respectively, after their father was arrested on a warrant.

I

ICWA Issues

On forms entitled “DESIGNATION OF AMERICAN INDIAN STATUS,” appellant and the minors’ father indicated Indian heritage through the Cherokee tribe. The father indicated, more specifically, that his tribal affiliation was “Cherokee (Tennessee).” At the detention hearing, the juvenile court inquired whether the parents knew the particular tribe. The father’s attorney replied “Tennessee for the father,” while appellant’s attorney stated that appellant “[wa]s not sure” but she would try to get the information and provide it to the social worker. The juvenile court ordered that notice be provided to the Bureau of Indian Affairs (BIA) and “the Cherokee Nation.”…