G.B.

Los Angeles County Department of Children & Family Services v. G.B.

Good Law
174 Cal. App. 4th 808·2009 Cal. App. LEXIS 891·94 Cal. Rptr. 3d 645
Court of Appeal of CaliforniaJune 3, 2009No. B210101California1,717 words

Opinion

lead Opinion

Epstein, J.

This is the third appeal in this matter raising the issue of compliance with the notice requirements of the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). After the second remand based on inadequate notice, the trial court expressly asked parents’ counsel to review the notices and voice any objections. Counsel raised no objection, and even after a lengthy continuance to permit careful review of the record, mother’s attorney asserted she was not an expert on ICWA notices and did not feel competent to assess whether the notices were sufficient. Yet after the delay of another appeal, the parents, through appellate counsel, again argue deficient ICWA notice.

We conclude notice was adequate in this case and affirm the order terminating parental rights. We also state our view that counsel for the parents share responsibility with the Los Angeles County Department of Children and Family Services (DCFS) and minor’s counsel to advise the trial court of any infirmities in these notices in order to allow for prompt correction and avoid unnecessary delay in the progress of the dependency case.

FACTUAL AND PROCEDURAL SUMMARY

This case involves S.B., the…

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