Orange County Social Services Agency v. Lisa G.
Opinion
lead Opinion
Bedsworth, J.
Lisa G. appeals from an order that terminated parental rights to her daughter, Jasmine G., pursuant to Welfare and Institutions Code section 366.26. 1 She argues the Orange County Social Services Agency (SSA) failed to give her adequate notice of the selection and implementation hearing, and the evidence does not support a finding of sufficient notice under the Indian Child Welfare Act (ICWA). ( 25 U.S.C. § 1912 (a).) We agree on the first point, and so reverse.
In March 2003, Jasmine was bom with methamphetamine in her system. She was taken into protective custody shortly thereafter. SSA filed a dependency petition alleging Lisa had a history of substance abuse that impaired her ability to care for the child. (§ 300, subd. (b).) Lisa appeared at the detention hearing and the juvenile court ordered Jasmine detained.
The jurisdiction/disposition hearing was scheduled for May 2003. Lisa attended. SSA reported possible Indian ancestry. Lisa told a social worker she had checked with her mother and “there was no American Indian ancestry in our family.” But the social worker’s call to the mother revealed ambiguity: “I remember someone talking about Indian ancestry in our…