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In re Mary S.

Court of Appeals of California, First Appellate District, Division Three.
Nov 18, 2003
A102043 (Cal. Ct. App. Nov. 18, 2003)

Opinion

A102043.

11-18-2003

In re MARY S., a Person Coming Under the Juvenile Court Law. CONTRA COSTA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. WILLIAM S., Defendant and Appellant.


Williams S. appeals from an order finding his daughter Mary likely to be adopted and terminating his parental rights. His sole contention on appeal is that the juvenile court failed to secure compliance with the notification provisions of the Indian Child Welfare Act (ICWA; 25 U.S.C § 1901 et seq.). The respondent social services agency concedes the error, and requests a limited remand for purposes of ensuring compliance with the ICWA. We agree this is the proper disposition. (See, e.g., In re H.A. (2002) 103 Cal.App.4th 1206, 1215; In re Suzanna L. (2002) 104 Cal.App.4th 223, 237.)

DISPOSITION

The juvenile courts order is reversed. The matter is remanded for the limited purpose of seeking compliance with the notification provisions of the ICWA. If the court determines that proper notice has been provided, and no tribe asserts its rights under the Act, the court shall reinstate its order terminating parental rights. If a tribe does assert its rights, the court shall proceed according to the dictates of the ICWA.

We concur, McGuiness, P. J., Pollak, J.


Summaries of

In re Mary S.

Court of Appeals of California, First Appellate District, Division Three.
Nov 18, 2003
A102043 (Cal. Ct. App. Nov. 18, 2003)
Case details for

In re Mary S.

Case Details

Full title:In re MARY S., a Person Coming Under the Juvenile Court Law. CONTRA COSTA…

Court:Court of Appeals of California, First Appellate District, Division Three.

Date published: Nov 18, 2003

Citations

A102043 (Cal. Ct. App. Nov. 18, 2003)