In re Alicia M.

Filed 2/14/07  In re Alicia M. CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

In re ALICIA M., a Person Coming Under
the Juvenile Court Law.

MONTEREY COUNTY DEPARTMENT OF                     H030449
SOCIAL & EMPLOYMENT SERVICES,              

                        Plaintiff and Respondent,                             (Monterey County

                                                                                                 Juvenile Court

            v.                                                                                 No. J40094)

TAMMY L.,

                        Defendant and Appellant.

_____________________________________/

            Appellant Tammy L. appeals from the order terminating her parental rights over her daughter, Alicia M., and selecting adoption as the permanent plan for Alicia pursuant to Welfare and Institutions Code section 366.26.[1]  Appellant contends the order must be reversed for failure to comply with the inquiry requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.).  We agree, and reverse the order.

I.     Background

            On June 7, 2005, the Monterey County Department of Social and Employment Services (Department) filed a juvenile dependency petition, alleging that Alicia came within section 300, subdivisions (b) (failure to protect) and (g) (no provision for support).  The petition stated that Alicia, born in June 2005, tested positive for methamphetamine at birth, that appellant failed to provide appropriate care for her other children, that Alicia's father, Steve M., was incarcerated, and that both parents had significant criminal histories relating to substance abuse.[2]  Alicia (aka Alice) was detained in foster care. 

            The social worker's August 12, 2005 jurisdiction and disposition report stated that ICWA did not apply as neither parent provided â€