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In re Jazmin B.

California Court of Appeals, Fourth District, First Division
Jul 13, 2011
No. D059423 (Cal. Ct. App. Jul. 13, 2011)

Opinion


In re JAZMIN B., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. EVA B., Defendant and Appellant, L.B. et al., Respondents. L.B. et al., Respondents. D059423 California Court of Appeal, Fourth District, First Division July 13, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. EJ3115, Laura J. Birkmeyer, Judge.

HALLER, J.

Eva B. appeals the judgment terminating her parental rights to her daughter, Jazmin B. Eva contends the court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). The San Diego County Health and Human Services Agency (the Agency) properly concedes adequate ICWA notice was not given. We reverse the judgment and remand the case for proper ICWA notice and further proceedings in compliance with ICWA. Eva's counsel, Jazmin's counsel, and the Agency's counsel have filed a stipulation for immediate issuance of the remittitur, which we accept. (Cal. Rules of Court, rule 8.272(c)(1).)

This dependency case began in July 2009. In June 2010, based on information from Eva and the maternal grandmother, the Agency sent ICWA notice to three Cherokee tribes, eight Apache tribes and the Bureau of Indian Affairs. Six of the Apache tribes and two of the Cherokee tribes responded, indicating Jazmin was not an Indian child. The third Cherokee tribe, the Cherokee Nation, requested further information. After the Agency provided the information, the Cherokee Nation also stated it did not consider Jazmin to be an Indian child. The Agency did not provide the additional information to the other tribes. In January 2011 the court terminated parental rights.

DISPOSITION

The judgment is reversed. This case is remanded to the juvenile court with directions to order ICWA notice and conduct any further proceedings in compliance with ICWA. If, after notice, a tribe claims Jazmin is an Indian child, the court shall proceed in conformity with ICWA; if no tribe claims Jazmin is an Indian child, the court shall reinstate the judgment. (In re Francisco W. (2006) 139 Cal.App.4th 695.) The remittitur is to issue forthwith.

WE CONCUR: NARES, Acting P.J., IRION, J.


Summaries of

In re Jazmin B.

California Court of Appeals, Fourth District, First Division
Jul 13, 2011
No. D059423 (Cal. Ct. App. Jul. 13, 2011)
Case details for

In re Jazmin B.

Case Details

Full title:In re JAZMIN B., a Person Coming Under the Juvenile Court Law. SAN DIEGO…

Court:California Court of Appeals, Fourth District, First Division

Date published: Jul 13, 2011

Citations

No. D059423 (Cal. Ct. App. Jul. 13, 2011)