California Court of Appeal

In a juvenile dependency action, juvenile court order terminating parental rights and placing the children for adoption is affirmed where: 1) the court's failure to comply with the Indian Child Welfare Act notice provisions did not divest the court of jurisdiction to remove an Indian child from the custody of the parents; 2) the court was not required to find that active efforts were made to prevent the breakup of the family before the disposition hearing as the parents' history indicated the futility of offering services; 3) the active efforts requirement under ICWA to prevent the breakup of the Indian family was satisfied; and 4) active efforts were made to find appropriate family members to place the children with, and the children's placement with the prospective adoptive parents satisfies the requirements of ICWA; and 5) substantial evidence supports the finding that the children are adoptable.

Appellate Information

• Decided 05/13/2009
• Published 05/13/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sharon S. Rollo, Chatsworth, under appointment by the Court of Appeal, for Minors.


• For Appellees:
  
• Joseph T. Tavano, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant C.B., S. Lynne Klein, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant D.B., Pamela J. Walls, Interim County Counsel, and Anna M. Deckert, Deputy County Counsel, for Plaintiff and Respondent.