In re Z.G.
Filed 6/25/13 In re Z.G. CA2/5
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
In re Z.G., a Person Coming
Under the Juvenile Court Law.
B245353
(Los Angeles
County
Super. Ct.
No. CK84018)
LOS ANGELES COUNTY DEPARTMENT
OF CHILDREN AND FAMILY SERVICES,
Plaintiff and Respondent,
v.
D.G.,
Defendant and Appellant.
APPEAL from
a judgment of the Superior Court
of
County, Mark A. Borenstein, Judge. Reversed with directions.
Konrad S.
Lee, under appointment by the Court of Appeal, for Defendant and Appellant.
John F.
Krattli, County Counsel, James M. Owens, Assistant County Counsel and Frank J.
DaVanzo, Deputy County Counsel for Plaintiff and Respondent.
>
D.G.,
the father of Z.G., appeals from a Welfare and Institutions Code section 366.26
parental rights termination order. The
father contends there was noncompliance with the Indian Child Welfare Act and
related California provisions. The Department of Children and Family
Services agrees. We agree likewise. (In re Marinna J. (2001) 90
Cal.App.4th 731, 736-740; In re Desiree F. (2000) 83 Cal.App.4th 460,
471-472.) The parental termination
rights order is reversed. Upon
remittitur issuance, the juvenile court is to comply with the federal Indian
Child Welfare Act requirements and related state provisions. If no tribe seeks to intervene, the juvenile
court is to reinstate the parental termination rights order. (In re
Gabriel G. (2012) 206 Cal.App.4th 1160, 1168; In re Francisco W. (2006) 139 Cal.App.4th 695, 708.) We leave the issue of what to do if a tribe
asserts jurisdiction over the child in the good hands of the juvenile
court.
The
parental termination rights order is reversed.
Upon remittitur issuance, the juvenile court is to comply with the
requirements imposed by the Indian Child
Welfare Act and related state provisions.
If no tribe seeks to intervene, the juvenile court is to reinstate the
parental termination rights order.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS
TURNER,
P. J.
We concur:
KRIEGLER,
J. O’NEILL,
J.
name="_ftn1" title="">* Judge of the Ventura County Superior Court, assigned by the Chief
Justice pursuant to article VI, section 6 of the California Constitution.
