legal news


Register | Forgot Password

In re A.U.
Sonia U. appeals the judgment on remand terminating her parental rights over A.U. Sonia's opening brief contends (1) the juvenile court violated her due process rights by vacating, without notice, the order appointing her a guardian ad litem, and by terminating her parental rights when she was not properly noticed of the Welfare and Institutions Code section 366.26 hearing; (2) the court erred by terminating parental rights without ensuring compliance with the notice requirements of the Indian Child Welfare Act (ICWA) (25 U.S.C. 1901 et seq.); and (3) if this court concludes she forfeited her right to raise the ICWA contention, she received ineffective assistance of counsel. Sonia's counsel, A.U.'s counsel, and counsel for the San Diego County Health and Human Services Agency (the Agency) have filed a stipulation for reversal of the judgment terminating parental rights, including the order vacating the appointment of Sonia's guardian ad litem and the finding that ICWA did not apply. The parties request this court remand the case with directions to (1) renotice the tribes using the proper addresses and designees, (2) give Sonia and A.U.'s father notice of a new section 366.26 hearing, (3) give Sonia notice that appointment of her guardian ad litem will be vacated, and (4) after proper notice, vacate the guardian ad litem appointment and hold a new section 366.26 hearing in accordance with the directions on remand in the previous appeal. Finally, the parties request immediate issuance of the remittitur. Court accept the stipulation and reverse.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale