San Mateo County Human Services Agency v. Christy G.

Mother Christy G. and father Samuel G., Sr. (jointly, parents), appeal the juvenile court’s jurisdictional order regarding their minor daughter Veronica G., and son Samuel G., Jr. Parents contend (1) that the juvenile court’s jurisdictional order is not supported by substantial evidence; and (2) that the juvenile court failed to comply with the notice requirements of the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.). As more fully explained below, we conclude the juvenile court’s jurisdictional order is supported by substantial evidence. However, we remand for the limited but essential purpose of ensuring compliance with the ICWA.

Factual & Procedural Background

On December 29, 2006, respondent San Mateo County Human Services Agency (Agency) filed protective custody warrants and juvenile dependency petitions pursuant to Welfare and Institutions Code section 300, subdivision (b)* 1 on behalf of Veronica (bom Apr. 1995) and Samuel (bom Aug. 1997). The petitions alleged that on or about December 27, 2006, during a welfare check at the home by the San Mateo County Sheriff’s Office, both children stated that their mother physically abused them on a daily…