San Diego County Health & Human Services Agency v. Alice E.

Alice E. is the maternal grandmother and guardian of twin brothers, Merrick V. and Morrigan V. and their half brother, James V. The boys were declared dependents of the juvenile court because of neglect. Alice appeals orders (1) finding the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.) did not apply, (2) terminating her guardianship, and (3) denying her de facto parent status. Alice also claims her trial counsel was ineffective.

We agree that the orders finding ICWA did not apply must be reversed in the twins’ cases because ICWA’s notice requirements were not followed; we *242 remand to the juvenile court with directions to reconsider the issue after proper notice has been given. We reject Alice’s claims pertaining to the other orders of the juvenile court and affirm.

I

FACTUAL AND PROCEDURAL BACKGROUND

James, bom in January 1991, and Merrick and Morrigan, bom in December 2000, are the sons of Rebecca V., who has a long history of drag abuse and homelessness. Rebecca had a positive drug toxicology when the twins, Merrick and Morrigan, were bom. On August 12, 2002, the probate department of the superior court issued letters of guardianship, naming Alice…