California Court of Appeal

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In re Isaiah W., B250231A

The juvenile court's order terminating Mother's parental rights over her two-year-old son is affirmed, where: 1) the son was an Indian child by definition under the Indian Child Welfare Act (ICWA); 2) all of the information provided by the mother and her relatives about their American Indian heritage was before the juvenile court at the dispositional hearing; 3) the juvenile court proceeded with its disposition of removal and foster care placement without notifying the mother’s tribe as per ICWA regulation; 4) the mother had the right to appeal the court's order at the dispositional hearing, but did not do so, only challenging the failure to provide ICWA notice after the court had finished terminating parental rights; 5) because of the failure to make a timely appeal, the mother cannot raise the issue of ICWA compliance; and 6) a dependent child's interest in permanency and stability requires that there be a time limit to a parent's right to raise the issue of ICWA compliance. (Opinion after rehearing)

Appellate Information

  • Decided 08/08/2014
  • Published 08/08/2014

Judges

  • KITCHING

Court

  • California Court of Appeal

Counsel