Opinion
D076808
02-28-2020
In re A.F., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. C.G., Defendant and Appellant.
Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas E. Montgomery, County Counsel, Caitlin E. Rae, Chief Deputy County Counsel, and Jesica N. Fellman, Deputy County Counsel, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. EJ4289) APPEAL from a judgment of the Superior Court of San Diego County, Gary M. Bubis, Judge. Reversed and remanded with directions. Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant. Thomas E. Montgomery, County Counsel, Caitlin E. Rae, Chief Deputy County Counsel, and Jesica N. Fellman, Deputy County Counsel, for Plaintiff and Respondent.
C.G. (Mother) appeals from the juvenile court's judgment terminating parental rights over her daughter, A.F. Mother contends the San Diego County Health and Human Services Agency (Agency) did not properly notify certain Indian tribes of A.F.'s dependency proceeding under the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) because the Agency failed to file form ICWA-030 with the juvenile court. The Agency concedes that form ICWA-030 was not filed and the juvenile court therefore did not have sufficient evidence before it to determine whether the tribes were properly noticed. The parties agree the case should be remanded for compliance with ICWA, and they have stipulated to the immediate issuance of remittitur. Accordingly, we conditionally reverse the judgment and remand for compliance with ICWA.
BACKGROUND
Given the sole issue on appeal, a detailed factual background is not necessary. In June 2018, the Agency filed a petition on behalf of then eight-year-old A.F. under Welfare and Institutions Code section 300, subdivision (b), after she was found severely malnourished, with significant untreated health conditions, and living in a room containing methamphetamines and related drug paraphernalia. Mother, who had sole custody of A.F., reported a history of methamphetamine use. A.F. was taken to a hospital and detained out of home.
Mother filed form ICWA-020, reporting she may have Indian ancestry because her grandmother was part Cherokee. The court continued the jurisdiction hearing in part so that ICWA could be addressed. Subsequently, the Agency reported it had mailed "notice" to the parents, Bureau of Indian Affairs, U.S. Department of the Interior, and several Cherokee tribes. The Agency did not, however, file a copy of the completed notice (form ICWA-030), which, inter alia, relays information relating to the child and the child's known ancestry. The noticed tribes responded, and none considered A.F. to be a member of the tribe.
At A.F.'s father's first appearance in the case, he denied having any Indian ancestry.
The juvenile court assumed jurisdiction over A.F., removed her from Mother's care, and ordered reunification services for the parents. At a special hearing in January 2019, the court found ICWA did not apply. Mother failed to progress in services, and in October 2019, the court terminated parental rights without further mention of ICWA.
This appeal followed.
DISCUSSION
The Agency concedes the noticing deficiency in this case underlying the court's finding that ICWA is not applicable. We accept the concession. "[W]ithout the [form ICWA-030] notice before the court, it had no evidence from which to conclude the notice was adequate. [¶] Notice under the ICWA must, of course, contain enough information to constitute meaningful notice." (In re Karla C. (2003) 113 Cal.App.4th 166, 175; see Cal. Rules of Court, rule 5.481(c)(1) [requiring Notice of Child Custody Proceeding for Indian Child, form ICWA-030, to be sent to Indian child's tribe].) "Without a review of the notices, the juvenile court is unable to determine whether they complied with the ICWA . . . and gave the Bureau or the tribe all known relevant information and a meaningful opportunity to determine whether the dependent child is an Indian child within the meaning of the ICWA." (In re Karla C., at p. 178.) Accordingly, we conditionally reverse the judgment with directions. (Tina L. v. Superior Court (2008) 163 Cal.App.4th 262, 268.)
DISPOSITION
The judgment is reversed. The case is remanded to the juvenile court for its acceptance of the Agency's filing of the form ICWA-030 notice that it used in this matter and determination of whether the notice was adequate and proper. If the notice is sufficient, and the court determines ICWA is inapplicable, it is to reinstate the judgment. If the notice is insufficient, the court must order the Agency to send new, proper notices and conduct further proceedings in compliance with ICWA. Remittitur shall issue immediately.
McCONNELL, P. J. WE CONCUR: BENKE, J. HALLER, J.