Riverside County Department of Public Social Services v. Patricia K.

Good Law
164 Cal. App. 4th 571·2008 Cal. App. LEXIS 966·79 Cal. Rptr. 3d 189
Court of Appeal of CaliforniaJune 6, 2008No. E044339California2,666 words

Opinion

lead Opinion

McKinster, J.

Patricia K. appeals from an order terminating her parental rights, pursuant to Welfare and Institutions Code section 366.26. (All further statutory citations refer to the Welfare and Institutions Code unless otherwise indicated.) She contends that the juvenile court’s finding that the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) did not apply is erroneous because the Riverside County Department of Public Social Services (DPSS) omitted required information from the ICWA notification forms. We conclude that Patricia has failed to show that any omission was prejudicial.

FACTUAL AND PROCEDURAL HISTORY

Because of the limited nature of the issue raised in this appeal, a brief statement of the factual and procedural history will suffice.

Cheyanne was bom with a severe respiratory problem. She was removed from her mother’s care immediately after her birth when DPSS determined that Patricia had a long history of drug abuse and that she had used methamphetamine during her pregnancy with Cheyanne. A section 300 petition was filed, and Cheyanne was subsequently declared a court dependent. The court denied Patricia reunification services because of her…

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