California Court of Appeal

A judgment declaring petitioner's two sons dependents of the court based on findings made by the trial court pursuant to Welfare and Institutions Code section 300(b) is affirmed in part, reversed and remanded in part where: 1) the Department of Children and Family Services (DCFS) was not required to file a petition seeking access to the juvenile case file under section 827; 2) evidence was sufficient to support the trial court's finding that the children suffered, or were at a substantial risk of suffering, serious physical harm or illness; but 3) DCFS failed to comply with ICWA as proper notice was not provided and no tribe participated in or indicated it had no interest in the proceedings.

Appellate Information

• Decided 07/23/2012
• Published 07/23/2012

Judges

Court

• California Court of Appeal

Counsel