S.J.

Sacramento County Department of Health & Human Services v. S.J.

Good Law
124 Cal. Rptr. 3d 419·194 Cal. App. 4th 54·2011 Cal. App. LEXIS 398
Court of Appeal of CaliforniaApril 7, 2011No. C065746California4,827 words

Opinion

Lead Opinion

Murray, J.

The mother (S.J.) (mother) appeals from the juvenile court’s orders reinstating the juvenile court’s orders terminating her parental rights and implementing a permanent plan of adoption as to minor Z.W. (who was bom in late 2007). (Welf. & Inst. Code, § 366.26.) 1 The father (father) has not appealed.

Mother’s sole contention on appeal is that the Sacramento County Department of Health and Human Services failed to comply with the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.).

In the published portion of the opinion, we hold that although the list of designated agents published annually in the Federal Register changed prior to the final ICWA compliance hearing, the ICWA noticing was valid because the last revised notices were mailed to the agents listed on the previous published list and received before the new list was published. We also hold that mother forfeited any claim concerning defects to the contents of the final ICWA notices because she did not object in the juvenile court.

In the unpublished portion of the opinion, we hold that mother has no standing to challenge an alleged failure to serve father with the final ICWA notice, that she…

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