San Diego County Health & Human Services Agency v. Earl W.

*699 Opinion

In this appeal of the termination of parental rights based on noncompliance with the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.), we are asked to reexamine our practice of limited reversals and remands in which we instruct the juvenile court to correct the ICWA notice defect and reinstate the prior judgment of termination if no Indian tribe chooses to intervene in the proceeding.

Earl W. and appellate counsel for his dependent child, Francisco W, contend that we should depart from our usual practice in ICWA cases and reverse the judgment without limitation, thereby allowing the juvenile court to revisit dependency issues outside ICWA. Francisco’s counsel claims such limited reversals (1) violate due process, (2) are inconsistent with a child’s best interests, and (3) prevent the juvenile court from considering changes in the child’s circumstances concerning his or her adoptability. Earl has joined in and adopted by reference the brief submitted by Francisco’s counsel. (Cal. Rules of Court, rule 13(a)(5).) 1

PROCEDURAL AND FACTUAL BACKGROUND

On the night of November 3, 2003, Earl brought his wife Corina L. to the maternal grandmother’s house and…