California Court of Appeal

In a case involving whether a minor qualifies as an Indian child under the Indian Child Welfare Act (ICWA), an order terminating parental rights is reversed and remanded where: 1) notices to Indian tribes were not sent to tribal chairperson or a designated agent as required under section 224.2 of the ICWA; and 2) notices sent to the Bureau of Indian Affairs (BIA) were an inadequate substitute in this case to comply with notice requirements under ICWA.

Appellate Information

• Decided 04/09/2008
• Published 04/09/2008

Judges

• MIHARA, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Charles J. McKee, County Counsel William K. Rentz, Senior Deputy Office of the County Counsel, County of Monterey, Attorneys for Plaintiff and Respondent., Julie E. Braden, Under Appointment by the Sixth District Appellate Program, San Diego, Attorney for Defendant and Appellant., Jennifer B. Henning, Attorney for Amicus Curiae California State Association of Counties on behalf of Plaintiff and Respondent.