J.C.
San Diego County Health & Human Services Agency v. J.C.
Opinion
Lead Opinion
Rourke, J.
J.C. and Anna C. appeal orders denying a petition to transfer dependency jurisdiction to the Bois Forte Band of Chippewa in Minnesota under title 25 United States Code section 1911 (b) and Welfare and Institutions Code 1 section 305.5, subdivision (b). We reverse the orders with directions.
*972 FACTUAL AND PROCEDURAL BACKGROUND
J.C. and Anna C. (the parents) have four children, Jackie R, Elizabeth R, Andrew P. and Jack C., Ill (Jack). Jackie is now 18 years old and is not the subject of these proceedings. Elizabeth, Andrew and Jack (the children) are ages 16, 15 and 4 years, respectively. The family’s history was detailed in a previous appeal. (In re Jack C. Ill (Jun. 11, 2008, D052156) [nonpub. opn.].) Here, because the issues on appeal concern compliance with the Indian Child Welfare Act of 1978, title 25 United States Code section 1901 et seq. (ICWA), we only briefly discuss the underlying circumstances of the dependency proceedings.
The parents have a history of child welfare referrals due to substance abuse, domestic violence and Anna’s mental health condition, which was diagnosed as schizophrenia. In 2005, to avoid dependency proceedings, the maternal…