In re T.P.

Filed 9/6/06 In re T.P. CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION THREE

APPEALS from orders of the Superior Court of Los Angeles County, Robert A. Dukes and Emily Stevens, Judges. Affirmed and remanded with directions.

Joseph D. MacKenzie, under appointment by the Court of Appeal, for Objector and Appellant.

Raymond F. Fortner, Jr., County Counsel, and Jacklyn K. Louie, Deputy County Counsel, for Petitioner and Respondent.

INTRODUCTION

Tracie P. appeals from the juvenile court's adjudication and disposition orders concerning her daughter T. She argues that the juvenile court failed to comply with the notice requirements under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1912(a)). County Counsel on behalf of the Department of Children and Family Services (the Department) concedes the point. Accordingly, we remand the case solely for the purpose of compliance with that Act.

FACTUAL AND PROCEDURAL BACKGROUND

Tracie, and T.'s father Tyrone P., appeared at the detention hearing in April 2005. Tracie indicated that her great grandmother had Cherokee heritage but did not know which band. The court ordered the Department to interview relatives about Tracie's Indian heritage and to provide the required ICWA notices to the Cherokee tribe.

The Department sent notices to the Cherokee Nation of Oklahoma, the United Keetowah Band of Cherokee, the Eastern Band of Cherokee Indians, the Bureau of Indian Affairs in Sacramento, and the Tribal Services, Human Services Division of the Secretary of the Interior.

In May 2005, the juvenile court found the â€