In re Maxwell S.
In this juvenile dependency appeal, father challenges an order summarily denying his petition, under Welfare and Institutions Code section 388, to modify a prior court order establishing a legal guardianship over his children, Jazmine (born September 1995), Jennifer (born February 1997), and Maxwell (born September 1998). He also argues reversal of the guardianship order is required for noncompliance with the Indian Child Welfare Act (ICWA). Upon review, we find no abuse by the juvenile court in denying fathers petition without affording him a hearing. As for fathers ICWA claim, we agree that the San Bernardino Department of Childrens Services (DCS) failed to comply with the ICWAs notice requirements. However, because the time to appeal has passed and we therefore lack jurisdiction to review the guardianship order, Court are not in a position to provide any effectual relief, although father may choose to assert his position in the juvenile court.
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