Santa Clara County Department of Family & Children's Services v. Sheika L.

Sheika L. appeals from an order of the juvenile court reinstating the termination of her parental rights to Justin S. and Tyler S. following a limited remand by this court to the juvenile court for compliance with the *1429 notice requirements of the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.). She contends that she should have had notice of, and representation by counsel for, the limited remand hearing. She further contends that the noticed tribes were not given sufficient time to respond. We agree.

Background

On Juné 6, 2005, pursuant to Welfare and Institutions Code section 366.26, the juvenile court terminated appellant’s parental rights to Justin S. and Tyler S. 1 Sheika L. appealed, contending that the notices given under the Indian Child Welfare Act (ICWA) gave insufficient information for the tribes to determine whether Justin and Tyler were Indian children. 2 (In re Justin S., supra, H029121.) Specifically, she argued that the notices failed to include the date of birth of the children’s paternal grandmother, with whom they had been placed and from whom their Indian ancestry derived. On April 7, 2006, this court conditionally reversed the order…