Santa Clara Cnty. Dep't of Family & Children's Servs. v. M. J. (In re L.D.)

Good Law
243 Cal. Rptr. 3d 894·32 Cal. App. 5th 579
Court of Appeal of CaliforniaJanuary 24, 2019H045544California1,743 words

Opinion

Lead Opinion

Grover, J.

*580 The Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq. ) gives Indian tribes the right to intervene in dependency proceedings "where the court knows or has reason to know that an Indian child is involved," and foster care placement or termination of parental rights *581 for the Indian child is being sought. ( Id ., at § 1912(a).) To that end, the party initiating dependency proceedings must provide the Indian child's tribe with notice of the proceedings and the right to intervene. ( Ibid .) In this dependency action, the mother of L.D. belatedly challenges the juvenile court's finding made at the jurisdictional and dispositional hearing regarding compliance with ICWA. We will dismiss the appeal for lack of jurisdiction. *895 I. BACKGROUND

The Santa Clara County Department of Family and Children's Services filed a juvenile dependency petition on behalf of nine-year-old L.D. At the initial detention hearing mother informed the court of Native Alaskan ancestry. She identified a possible affiliation with "Doyon-Alaska," and related that her mother (L.D.'s maternal grandmother) knew more about the ancestry.

At the jurisdictional and dispositional hearing, the Department…

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