Filed 5/12/06 In re N.D. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Butte)
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In re N.D., a Person Coming Under the Juvenile Court Law. | |
BUTTE COUNTY DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES, Plaintiff and Respondent, v. DIANA C., Defendant and Appellant. | C050974 (Super. Ct. No. J31372) |
Diana C. (appellant), the mother of N.D. (the minor), appeals from an order of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395; undesignated statutory references are to the Welfare and Institutions Code.) Appellant's sole contention is that Butte County Department of Employment and Social Services (DESS) violated notice requirements of the Indian Child Welfare Act of 1978 (ICWA). (25 U.S.C. § 1901 et seq.) DESS concedes ICWA notice requirements were not met. We shall reverse and remand for proper notice.
FACTUAL AND PROCEDURAL BACKGROUND
On August 19, 2004, Children's Services (CS) filed an original juvenile dependency petition pursuant to section 300 on behalf of the five-week-old minor. That petition alleged in part that appellant had a substance abuse problem, rendering her unable to provide regular care for the minor. The petition also alleged the minor might be of Indian ancestry.
The detention hearing report noted that appellant had advised CS that her family had Cherokee Indian heritage. At the detention hearing, appellant told the juvenile court that her Cherokee ancestry derived from her mother's side of the family. Appellant also told the court her great grandmother was â€
