In re Peter L.
Filed 6/19/06 In re Peter L. CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE
| In re PETER L., Jr., et al., Persons Coming Under the Juvenile Court Law. |
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SONOMA COUNTY HUMAN SERVICES DEPARTMENT, Plaintiff and Respondent, v. PETER L., Defendant and Appellant. |
A110901
(Sonoma County Super. Ct. No. 1855/1856-DEP)
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Peter L. (father) appeals from termination of his rights at a hearing under Welfare and Institutions Code section 366.26,[1] alleging the juvenile court failed to provide proper notice under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.), and wrongfully denied his request to continue the hearing. We reverse.
FACTS AND PROCEDURAL HISTORY
Minors were the subjects of a child welfare referral in the state of New Hampshire. Before that matter could be resolved, mother moved to California with the children. In this state, minors were the subjects of repeated referrals to child welfare authorities, culminating in the filing of a petition by respondent under section 300, alleging that they came within the jurisdiction of the juvenile court based on their mother's neglect.
Following a jurisdictional hearing on March 24, 2004, minors were made dependents of the court; reunification services were denied to appellant, whom the court found had voluntarily absented himself from the proceedings. According to the report prepared for that hearing, notice was sent to appellant at two addresses in New Hampshire. The notice was returned from one address: â€
