Opinion
NOT TO BE PUBLISHED
Monterey County Super. Ct. No. J40934, J40935, J40936
RUSHING, P.J.
Appellant, Rosemary V., appeals from an order terminating her parental rights under Welfare and Institutions Code, section 366.26. The only issue appellant raised in her opening brief was that the trial court erred in finding the Indian Child Welfare Act (ICWA) (25 U.S.C.A. § 1901 et seq.) inapplicable. Instead of filing a response brief, the Monterey County Department of Social and Employment Services (Department) submitted a letter brief stipulating to a limited reversal of the order in order to allow compliance with the ICWA.
The Department agrees with the appellant that reversal is necessary in order to comply with the ICWA inquiry and notice requirements. The Department and appellant have agreed that if after proper ICWA inquiry and notice has been given and the juvenile court determines that the ICWA does not apply, the order terminating parental rights would be reinstated. On the other hand, if any tribe determines that the child is an Indian child, within the meaning of the ICWA, the juvenile court would conduct further proceedings in accordance with the ICWA.
A stipulated reversal is appropriate under the facts of this case and the law. (See Code Civ. Proc., § 128, subd. (a)(8); In re Rashad H. (2000) 78 Cal.App.4th 376, 378 (Rashad H.).) For the reasons stated in the Department’s letter brief, including expedited resolution of this appeal which benefits all of the parties affected by the dependency proceeding and nonparties such as the adoptive parents, the court finds that there is no possibility that the interests of nonparties or the public will be adversely affected by the reversal.
The court further finds that there will be no erosion of the public trust or reduction in the incentive for pretrial settlement from a stipulated reversal here. To the contrary, we find, as did the court in Rashad H., that the “public trust will be advanced because the department and [appellant’s] counsel have taken intelligent steps to expedite the resolution of the appeal and the return of this case to the juvenile court for a decision on the merits. Lawyers have a duty to resolve disputes on appeal and in the trial courts if it is possible and appropriate.” (Rashad H., supra, 78 Cal.App.4th at p. 381.)
Disposition
The judgment is reversed pursuant to the stipulation of the parties. If after proper ICWA inquiry and notice has been given, the juvenile court determines that the ICAW does not apply, the order terminating parental rights shall be reinstated. If any tribe determines that the child is an Indian child, within the meaning of the ICWA, the juvenile court shall conduct further proceedings in accordance with the ICWA. The remittitur shall issue forthwith.
WE CONCUR: PREMO, J. ELIA, J.