Riverside County Department of Public Social Services v. Tiffany S.
Opinion
lead Opinion
Richli, J.
*337 Opinion
Tiffany S. (mother) appeals from an order terminating her parental rights to her son, Jonathon S. She contends the juvenile court erred by failing to ensure that notice was given in accordance with the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.) (ICWA). In the unpublished portion of this opinion, we will agree.
In the published portion of this opinion, we will hold that the mother has standing to raise this contention even though she herself is not Indian. We will further hold, however, that at this point the only order we may reverse based on this contention is the termination order, and not any earlier orders.
I
FACTUAL AND PROCEDURAL BACKGROUND
The relevant facts are few and simple. The Riverside County Department of Public Social Services (the Department) filed this dependency proceeding concerning Jonathon and two of his half siblings (not involved in this appeal). At that time, Jonathon was four; he is now six.
The jurisdictional/dispositional report stated: “The Indian Child Welfare Act does not apply, [f] [Jonathon’s father] stated that he does have an Indian Heritage (Black Foot), but that he is not part (certified) [of] an Indian Tribe.”