In re Tobias W.
Filed 4/21/06 In re Tobias W. CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| In re TOBIAS W. and TRENT C., Persons Coming Under the Juvenile Court Law. | |
| SOLANO COUNTY DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Plaintiff and Respondent, v. T. W., Defendant and Appellant. | A110963 (Solano County Super. Ct. No. J35497) |
T. W. (Mother) appeals from the order declaring her sons Tobias W. and Trent C. to be dependent children. She contends: (1) the juvenile court failed to ensure compliance with the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.); (2) the court's jurisdictional finding is not supported by substantial evidence; and (3) the court's decision not to return the minors to her custody is also not supported by substantial evidence. We conclude that Mother's first contention has merit and requires reversal of the dispositional order as to Tobias W. With respect to Trent C., we reject Mother's other contentions and affirm the dispositional order.
BACKGROUND
In April of 2005, respondent Solano County Department of Health and Social Services (Department) filed a petition in which it was alleged that Mother was unable to provide care and protection, thereby putting the minors at risk of serious physical harm or illness within the meaning of Welfare and Institutions Code section 300, subdivision (b). Matters were deemed sufficiently dire that the Department sought court approval to have the minors immediately detained from Mother's custody. The court ordered both minors removed from Mother's custody and temporarily placed in foster care. The court also found that the Department had complied with the notice requirements of the ICWA to determine whether Tobias W. was an Indian child. That same month the minors were placed in the care of their maternal grandmother. At the Department's request, and still in April of 2005, the court issued a restraining order prohibiting Mother from contacting the grandmother or the minors.
A contested jurisdictional hearing was conducted in June of 2005. At the conclusion of the hearing, the court sustained all of the subdivision (b) allegations of the petition, as follows:
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