Monterey County Department of Social & Employment Services v. Tammy L.

Appellant Tammy L. appeals from an order terminating her parental rights over her daughter, Alice M. (also known as Alicia M.), and selecting adoption as the permanent plan for Alice pursuant to Welfare and Institutions Code section 366.26. 1 In a prior appeal, we reversed an earlier order terminating parental rights due to a failure to adequately inquire about Indian ancestry pursuant to the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). (In re Alicia M. (Feb. 14, 2007, H030449) [nonpub. opn.].) On remand the trial court again terminated appellant’s parental rights. Appellant contends the new order terminating parental rights must be reversed for failure to comply with the notice requirements of ICWA. We agree, and reverse the order.

I. Background

On June 7, 2005, the Monterey County Department of Social and Employment Services (Department) filed a juvenile dependency petition, alleging that Alice came within section 300, subdivisions (b) (failure to protect) and (g) (no provision for support). The petition stated that Alice tested positive for methamphetamine at birth, that appellant failed to provide appropriate care for her other children, that…