San Bernardino County Department of Children's Services v. Jeannie V.

Jeannie V. (mother) appeals from an order terminating parental rights to her daughter, S.B. At the preceding hearing, at which the juvenile court set the termination hearing, the social worker learned for the first time that S.B. had Indian ancestry. At that point, the social worker attempted to give notice pursuant to the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.) (the ICWA). Although the notice did not comply fully with all applicable requirements, it did reach the Cherokee Nation (the Tribe), and the Tribe did respond. As a result, the mother and S.B. became members of the Tribe; the Tribe intervened; and, with the Tribe’s approval, S.B. was placed with Indian foster parents who wanted to adopt her.

In the published portion of this opinion, we consider the mother’s contention that the juvenile court and the social worker complied only belatedly *1154 with their duty under the ICWA to inquire into S.B.’s Indian ancestry. We will reject this contention for three reasons. First, the mother waived it by failing to raise it at the first opportunity; although a parent cannot waive an Indian tribe’s rights under the ICWA, the parent can waive his or her own rights.…