San Diego County Health & Human Services Agency v. Vincent V.

Deanna C.’s parental rights over her biological son, Cody B., were terminated in 2001 in a former dependency action. Cody was adopted by Vincent V, but Vincent allowed him to live at least part time with Deanna. At the jurisdictional and dispositional hearing in this action, the court removed Cody from Vincent’s custody. Deanna and Cody appeal the order denying her request to have her designated his “presumed mother" on *1007 the ground that under Welfare and Institutions Code 1 section 366.26, subdivision (i)(1), the motions were impermissible collateral attacks on the earlier judgment of termination. We agree with the court’s assessment. The San Diego County Health and Human Services Agency (the Agency), however, concedes the order must be reversed for the limited purpose of ensuring compliance with the inquiry and notice provisions of the Indian Child Welfare Act of 1978 (the ICWA) ( 25 U.S.C. § 1901 et seq.).

FACTUAL AND PROCEDURAL BACKGROUND

Deanna has a history of drug abuse. She has four children: Michael, now an adult; K., bom in 1989; R., bom in 1994; and Cody, bom in 1993. In May 1997 the children were removed from Deanna’s custody after they were found…