San Diego County Health & Human Services Agency v. Charisse A.

Charisse A. appeals the order from the 12-month review hearing terminating services to her and continuing the court’s jurisdiction over her son, Louis S., under Welfare and Institutions Code section 366.21. 1 She raises no substantive objection to the order, but asserts it must be reversed because the San Diego County Health and Human Services Agency (the Agency) did not comply with the notice provisions of the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.). Because the Agency did not comply with the notice provisions of the ICWA, we reverse the order from the 12-month review hearing and all subsequent orders, remand the matter to the juvenile court and direct the court to ensure that proper notice under the ICWA is given.

*627 FACTUAL AND PROCEDURAL BACKGROUND

In July 2002 the Agency removed eight-year-old Louis from Charisse’s custody and filed a section 300 petition on his behalf. The petition alleged Louis was at risk because he tested positive for, and Charisse used, drugs. At the time of the detention hearing, the social worker was unable to inquire of Louis’s parents about possible Indian heritage because their whereabouts were unknown. In August the…