In re Jaida H. CA2/4

INTRODUCTION

Mother, Desiree H., appeals from a dependency court order terminating parental rights to her minor child, Jaida H. Her sole contention on appeal is that the Department of Children and Family Services (DCFS) and the dependency court failed to comply with the Indian Child Welfare Act (the ICWA) (25 U.S.C. § 1901 et seq.) before terminating parental rights. DCFS concedes that the requirements of ICWA were not satisfied, and we agree. The judgment is reversed and the case remanded to the dependency court with directions to conduct further inquiry into whether Jaida may have Cherokee ancestry. Should it be concluded that there is not reason to believe Jaida is an Indian child, the order terminating parental rights shall be reinstated.

FACTUAL AND PROCEDURAL BACKGROUND

Background Because this appeal concerns only the adequacy of the ICWA notices, we provide only a brief overview of the facts relating to the dependency. DCFS filed a petition seeking dependency jurisdiction over Jaida under Welfare and Institutions Code section 300, subdivisions (a) and (b), based on Desiree‟s mental and emotional problems and substance abuse, as well as alleged domestic violence between…