H.D. v. Superior Court (Los Angeles County Department of Children and Family Services), 031519 CAAPP2, B294397

Docket Nº:B294397
Opinion Judge:BAKER, J.
Party Name:H.D., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Real Party in Interest.
Attorney:Los Angeles Dependency Lawyers, Law Office of Katherine Anderson, Shannon Humphrey, Samuel Robles, for Petitioner. No appearance for Respondent. Office of the County Counsel, Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, Tracey F. Dodds, Principal Deputy County Cou...
Judge Panel:We concur: RUBIN, P. J.MOOR, J.
Case Date:March 15, 2019
Court:California Court of Appeals
 
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H.D., Petitioner,

v.

THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Real Party in Interest.

B294397

California Court of Appeals, Second District, Fifth Division

March 15, 2019

NOT TO BE PUBLISHED

ORIGINAL PROCEEDING; petition for extraordinary writ. Emma Castro, Juvenile Court Ct. No. CK90702D Referee. Dismissed.

Los Angeles Dependency Lawyers, Law Office of Katherine Anderson, Shannon Humphrey, Samuel Robles, for Petitioner.

No appearance for Respondent.

Office of the County Counsel, Mary C. Wickham, County Counsel, Kristine P. Miles, Assistant County Counsel, Tracey F. Dodds, Principal Deputy County Counsel, for Real Party in Interest.

BAKER, J.

H.D. (mother) filed this petition for extraordinary writ after the juvenile court terminated reunification services and set the matter for a selection and implementation hearing concerning mother's infant daughter, A.D. We consider whether prior orders made by the juvenile court in the dependency case must be vacated because the Los Angeles County Department of Children and Family Services (DCFS) did not comply with inquiry and notice requirements under the Indian Child Welfare Act (ICWA) and related provisions of California law.

I. BACKGROUND

Mother has three older children with whom she failed to reunify. For that reason, DCFS was notified when she gave birth to A.D. in January 2017. DCFS thereafter filed a petition alleging A.D. was at substantial risk of suffering serious physical harm because A.D.'s father abused alcohol and marijuana and because mother had a history of mental and emotional problems.

At the initial detention hearing, mother reported on an ICWA-020 form that she “may have Indian ancestry.” A notation next to “Name of tribe(s)” on the form that mother submitted states: “Cherokee Nation - Mgtgmo [presumably short for maternal great grandmother] Dorothy Mae McClendon 12-11-27.” The juvenile court ordered DCFS to investigate mother's claim of Indian ancestry and to provide notice to the appropriate tribe, the Bureau of Indian Affairs, and the Secretary of the Interior.

In a jurisdiction/disposition report prepared by DCFS, the agency reported a case worker had asked mother for...

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