In re Kaylah
Filed 2/14/06 In re Kaylah C. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
| In re KAYLAH C., a Person Coming Under the Juvenile Court Law. | |
| SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, Plaintiff and Respondent, v. ROSE K., Defendant and Appellant. |
C050040
(Super. Ct. No. JD221628)
|
Appellant Rose K., mother of the minor, appeals from juvenile court orders declaring the minor to be a dependant of the court and removing her from appellant's physical custody. (Welf. & Inst. Code, §§ 360, 361, 395.)[1]
Appellant contends the petition failed to state facts sufficient to support the juvenile court's exercise of jurisdiction over the minor, the jurisdictional and dispositional orders were not supported by substantial evidence and that respondent Sacramento County Department of Health and Human Services (DHHS) failed to comply with the notice requirements of the Indian Child Welfare Act of 1978 (ICWA). We agree DHHS failed to comply with the ICWA's notice requirements and shall conditionally reverse the jurisdictional and dispositional orders and remand for further proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
The minor, Kaylah C.,[2] was placed into protective custody on December 25, 2004, after appellant was placed in a section â€
