Los Angeles County Department of Children & Family Services v. Jennie K.

Mother Jennie K. appeals from a juvenile court order terminating her parental rights to minor Glorianna K. pursuant to Welfare and Institutions Code section 366.26. 1 This order followed our reversal of a prior order terminating parental rights on the ground that the juvenile court did not ensure compliance by the Department of Children and Family Services (DCFS) with the notice requirements of the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.). Appellant contends that again the juvenile court has not secured ICWA compliance. DCFS requests that we take additional *1446 evidence, which is contested by appellant. We deny the motion. We reverse and remand for the juvenile court to enter a new termination order only if it determines that DCFS has complied with the ICWA notice requirements.

FACTS

In June 2003, the juvenile court entered an order terminating appellant’s parental rights to her daughter pursuant to section 366.26. On October 20, 2003, we reversed the order, and remanded the matter to the juvenile court “for the sole purpose of investigating American Indian heritage and providing” ICWA notice to tribes and/or the Bureau of Indian Affairs (BIA). We…