M.W.

Yolo County Department of Employment & Social Services v. M.W.

Good Law
215 Cal. App. 4th 339
Court of Appeal of CaliforniaApril 11, 2013No. C070782California4,444 words

Opinion

Lead Opinion

Hull, J.

*342 Opinion

M.W., mother of the minor (mother), and the Pit River Tribe (Tribe) appeal from orders terminating parental rights after reversal of the previous termination orders and remand in Yolo County Department of Employment and Social Services v. M.W. (Feb. 24, 2012, C067143) (nonpub. opn.), for a new hearing on mother’s petition for modification. (Welf. & Inst. Code, §§ 366.26, 395; further undesignated statutory references are to the Welfare and Institutions Code.) Mother argues the court erred in denying her petition for modification (§ 388) and failed to apply the Indian child exception to termination of parental rights. The Tribe raises various issues related to tribal customary adoption (TCA) and the Yolo County Department of Employment and Social Services’s (Department) inaction with respect to TCA. We affirm the juvenile court’s orders.

Facts and Proceedings

The infant minor was removed from parental custody and adjudged a dependent child in 2008. Mother claimed Indian heritage and the minor was enrolled as a member of the Tribe of Burney, California. Mother failed to reunify after 18 months of services and in May 2010, the court set a selection and implementation…

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