Opinion
H025788
10-22-2003
In re ESPERANZA H., a Person Coming Under the Juvenile Court Law. SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDRENS SERVICES, Plaintiff and Respondent, v. MARGARITA H., Defendant and Appellant.
Margarita H. appeals from a judgment terminating her parental rights to her daughter Esperanza H. (born 2001) and selecting adoption as the permanent plan. (Welf. & Inst. Code, § 366.26.) She contends only that the juvenile court erred by failing to comply with the notice requirements of the Indian Child Welfare Act (ICWA). Respondent Santa Clara County Department of Family and Childrens services concedes the issue and that reversal is required. We agree that the concession is appropriate. We therefore reverse the judgment.
Disposition
The judgment is reversed. The juvenile court is directed to order the Department to provide the appropriate notification under the ICWA and hold a new hearing under Welfare and Institutions Code section 366.26. But if, after the Department gives notice under the ICWA, no tribe indicates that Esperanza is an Indian child within the meaning of the ICWA, then the juvenile court shall reinstate the judgment.
WE CONCUR: Rushing, P.J. and Elia, J.