Fresno County Department of Children & Family Services v. Valerie L.

Good Law
155 Cal. App. 4th 844
Court of Appeal of CaliforniaSeptember 26, 2007No. F052049California561 words

Opinion

lead Opinion

Vartabedian, J.

*846 Opinion

After a Welfare and Institutions Code section 300 petition was filed, Jose and Anthony were found to be minors coming under the jurisdiction of the juvenile court. 1 The minors’ maternal great-grandfather is a full-blooded member of the Caddo Nation of Oklahoma (Caddo Nation). Although minors and their mother are eligible for enrollment as members of the Caddo Nation, they have not enrolled as members. Valerie L. (mother) appeals from the juvenile court order terminating her parental rights, arguing that the juvenile court erred when it found the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) did not apply in this case, erred in not requiring the minors to be enrolled in the tribe, and erred in not requiring continuing ICWA notice to the tribe throughout the proceedings. We affirm.

Facts and Proceedings

Because mother raises only issues related to ICWA, we briefly discuss the facts leading to the petition and termination of parental rights; we focus our attention on the facts surrounding the ICWA claims.

Valerie L. is the mother of Jose (bom in 2000) and Anthony (bom in 2004). Their father, Jose C., is not a party to this appeal. The children…

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