M.L.

M.L. v. Superior Court

Good Law
249 Cal. Rptr. 3d 633·37 Cal. App. 5th 390
Court of Appeal of CaliforniaApril 2, 2019A156130; A156149California4,435 words

Opinion

Lead Opinion

Sanchez, J.

*635 *392 In this consolidated juvenile writ proceeding, both M.L. (mother) and M.C. seek extraordinary relief from the juvenile court orders *393 removing their daughter K.C. for a second time-after an extended period of child welfare services-and setting a permanency planning hearing pursuant to section 366.26 of the Welfare and Institutions Code. 1 Mother also seeks similar writ relief with respect to her older son, K.B. 2 Specifically, petitioners argue that the juvenile court's setting order must be reversed because the court's decision to remove K.B. and K.C. from the family home went beyond the scope of the modification request before the court, there were reasonable means short of removal to protect the minors, and the minors' possible Indian heritage was not properly investigated or notice provided to relevant tribes as required under the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. § 1901 et seq. Finding no merit to any of the petitioners' contentions, we deny the petitions.

I. BACKGROUND

These proceedings began on May 1, 2014, when Contra Costa County Children & Family Services (Contra Costa CPS) filed dependency petitions pursuant to subdivisions (b) and (g) of…

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