In re Erik B.
Filed 6/14/06 In re Erik B. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| In re ERIK B., a Person Coming Under the Juvenile Court Law. | |
| ORANGE COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. LEROY B. et al., Defendants and Appellants. | G036316 (Super. Ct. No. DP006415) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Carolyn Kirkwood, Judge. Reversed and remanded.
Rich Pfeiffer, under appointment by the Court of Appeal, for Defendant and Appellant Leroy B.
Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant Lisa M.
Benjamin P. de Mayo, County Counsel, Dana J. Stits and Beth L. Lewis, Deputy County Counsel, for Plaintiff and Respondent.
No appearance for the Minor.
* * *
Leroy B. (the father) and Lisa M. (the mother), the parents of Erik B. who is almost five years old, appeal from a judgment entered after the juvenile court denied the father's motion under Welfare and Institutions Code section 388[1] and terminated parental rights under section 366.26. They contend the juvenile court erred in not following the requirements of the Indian Child Welfare Act (ICWA). We agree with their contention and reverse.[2]
In a June 3, 2004 letter, the Cherokee Nation informed Orange County Social Services Agency (SSA) it had examined the records of the minor and found he can be traced to tribal records through extended family member John B. [the same last name as the father], a paternal great-grandfather. The letter stated: â€
