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

Raymond W. (father) and Ivy B. (mother) appeal from, orders denying their Welfare & Institutions Code section 388 1 change of circumstance petitions and terminating their parental rights as to their son, Hunter W. The juvenile court held a hearing on appellants’ section 388 petitions. Appellants checked in at the morning calendar call, but were not present in court at the start of the hearing hours later. Appellants’ respective counsel requested a brief two-hour delay to locate them. The court denied the request and proceeded with the section 388 hearing and then the section 366.26 permanency hearing. Appellants argue the court violated their right to due process by denying the requests and by proceeding with the hearing in their absence. 2 Under the circumstances presented, we conclude the court abused its discretion in denying the requests to delay the hearing, and reverse on that ground. Mother also argues that the court erred in finding that the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) did not apply in this case. We do not agree, and affirm on that issue.

*1458 FACTUAL AND PROCEDURAL SUMMARY

Appellants are the parents of Hunter W. (born June…