In re Dawn B.
Filed 1/23/07 In re Dawn B. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re DAWN B. et al., Persons Coming Under the Juvenile Court Law. | |
MERCED COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. LISA K., Defendant and Appellant. | F050784 (Super. Ct. No. 27089)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Merced County. Frank Dougherty, Judge.
Carolyn S. Hurley, under appointment by the Court of Appeal, for Defendant and Appellant.
Ruben E. Castillo, County Counsel, and James B. Tarhalla, Deputy County Counsel, for Plaintiff and Respondent.
-ooOoo-
Lisa K. appeals from an order terminating her parental rights (Welf. & Inst. Code, § 366.26) to her three children.[1] She contends reversal is required because respondent Merced County Human Services Agency (agency) failed to provide sufficient notice under the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). On review, we agree and will reverse.
PROCEDURAL AND FACTUAL HISTORY
Appellant's children have been adjudged dependents of the Merced County Superior Court since the summer of 2005. The circumstances underlying their dependency status, out-of-home placement and need for permanent planning are not critical to this appeal.
In May 2005, when an agency social worker detained the children, appellant stated she and the children's father had Native American heritage. She said she was Apache and the father was Eastern Cherokee. The social worker reported this information to the court in her detention report. The court made no inquiry on the subject.
On June 17, the agency served a completed Judicial Council form â€
