In re Faith M.
M.M. appeals from an order terminating his parental rights to his toddler-age daughter, Faith M. He argues that the Department of Public Social Services (the Department) failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA) (25 U.S.C. 1912(a)). The Department concedes that, for this reason, reversal is required.
M.M., however, also argues that we must reverse not only as to Faith, but also as to her two half sisters daughters of the same mother but a different father. Moreover, both M.M. and Faith have asked us to take additional evidence on appeal, arguing that, in light of this additional evidence, we should direct the juvenile court to hold a new hearing pursuant to Welfare and Institutions Code section 366.26 (section 366.26).
Court reject both of these additional contentions. Rather, Court conclude that, as in the usual case of an ICWA notice violation, the appropriate appellate remedy is a conditional reversal and a limited remand, solely as to Faith.
Comments on In re Faith M.