Fear Not Law Articles: Adoption of HANNAH S.,

KRISTINA S. v. WALTER S

Filed 9/8/06

CERTIFIED FOR PUBLICATION

COPY

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

----

Adoption of HANNAH S., a Minor.

KRISTINA S.,

Plaintiff and Appellant,

WALTER S.,

Defendant and Respondent.

C048581

(Super. Ct. No. 03AD00616)

APPEAL from orders of the Superior Court of Sacramento County, Charles C. Kobayashi, Judge. Reversed.

Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos; and Jon D. Lydell for Plaintiff and Appellant.

Walter S., in pro. per., for Defendant and Respondent.

Kristina S., mother of the minor, appeals from the orders of the superior court denying her petition to terminate the parental rights of Walter S. (father) and free the minor for adoption by the stepfather. (Fam. Code, § 7820 et seq.) Appellant contends that this court should apply the existing Indian family doctrine to permit her to avoid the substantive requirements of the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.) Appellant further contends that the â€

Description	In assessing whether Indian child's mother had complied with requirement of Indian Child Welfare Act to show active efforts to prevent the breakup of an Indian family, court did not apply proper standard where it sought evidence beyond a reasonable doubt as opposed to clear and convincing evidence. Court erred in basing statement of decision denying mother's petition to terminate parental rights of child's Indian father solely on expert testimony rather than all the evidence before the court.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.