Napa County Health & Human Services v. Karen F.

On June 12, 2007, the juvenile court set aside the jurisdictional and dispositional orders in this dependency case because of conceded errors in complying with the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.). The court then found there were exceptional circumstances to continue David H.’s detention and set new jurisdictional and dispositional hearings. On July 11, the court sustained jurisdiction and continued the minor’s removal from his mother’s home. In February 2008, David H. was returned to his mother’s care. Consequently, certain claims initially raised by appellant are now abandoned or deemed moot. As to the balance of issues, we affirm.

*1629 Background

On January 7, 2007, appellant Karen F. (Mother) hit her son David (bom 1999) with an electrical cord and belt 21 times. 1 David had bmises, red marks, welts, and broken skin on his arms, back and chest and he told a social worker Mother had hit him in the past. Respondent Napa County Health and Human Services (Agency) placed David in protective custody, and Mother was arrested. Mother immediately informed the Agency she was a member of the Cherokee Nation.

On January 11, 2007, the Agency…