C.W.

Nevada County Health & Human Services Agency v. C.W.

Good Law
122 Cal. Rptr. 3d 460·193 Cal. App. 4th 413·2011 Cal. App. LEXIS 267
Court of Appeal of CaliforniaFebruary 23, 2011No. C065694California1,612 words

Opinion

Lead Opinion

Rome, J.

C.W. (father), the father of two-year-old D.W., appeals from an order of the Nevada County Juvenile Court terminating his parental rights and ordering a permanent plan of adoption.

On appeal, father contends the juvenile court erred in finding that the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) did not apply because the notice sent to the tribes was deficient and not meaningful. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2009, the Nevada County Health and Human Services Agency (department) detained father’s infant child, D.W., who was four months old. In May 2009, a petition was filed alleging that D.W. came within the provisions of Welfare and Institutions Code 1 section 300, subdivision (b). The petition alleged that the parents were not able to provide the necessary care for the child without supervision and support and they frequently argued in the child’s presence. 2 The petition further stated that the child is, or may be, a member of, or eligible for membership in, the Cherokee Nation.

At the initial hearing in May 2009, the juvenile court provided the parents with Judicial Council form No. JV-130 pertaining to Indian…

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