C.K.

Santa Clara County Department of Family & Children's Services v. C.K.

Bad Law
117 Cal. Rptr. 3d 846·190 Cal. App. 4th 102·2010 Cal. App. LEXIS 1963
Court of Appeal of CaliforniaNovember 18, 2010No. H035085California18,810 words

Opinion

lead Opinion

Elia, J.

*108 Opinion

Dependency proceedings (Welf. & Inst. Code, § 300 et seq.) 1 were commenced on behalf of siblings C.B. and M.B. (children) and their older sister C. The juvenile court terminated parental rights as to the children and selected a permanent plan of adoption. (See § 366.26.) Mother C.K. (mother) and father C.B. (father) appeal from the order terminating their parental rights. (§ 395.)

On appeal, mother contends that the judgment terminating parental rights must be reversed because (1) substantial evidence does not support the juvenile court’s determination that the parent-child relationship exception did not apply (§ 366.26, subd. (c)(l)(B)(i)), (2) substantial evidence does not support the juvenile court’s determination that the Indian child exception did not apply (§ 366.26, subd. (c)(1)(B)(vi)), and (3) adequate notice under the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) was not provided to the Choctaw and Seneca tribes. Father joins in these arguments.

On appeal, father contends that the judgment terminating parental rights must be reversed because (1) substantial evidence does not support the juvenile court’s determination that the…

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