California Court of Appeal

In an appeal from orders of the juvenile court denying the Section 3881 change of circumstance petitions by parents and terminating their parental rights, judgment is affirmed where mother's claim of Indian heritage through her father was too speculative so that the ICWA did not apply, but reversed where the court's decision to proceed with a section 388 hearing in parents' absence resulted in an unfair hearing.

Appellate Information

• Decided 11/21/2011
• Published 11/21/2011

Judges

• EPSTEIN

Court

• California Court of Appeal

Counsel