In re S.H. CA6
Appellant R.B. (mother) challenges the juvenile court’s dispositional order removing eight-year-old S.H. (the child) from her custody. Mother makes two contentions. First, she claims that the court erred in postponing until after the dispositional hearing a decision as to whether the Indian Child Welfare Act (ICWA) applied. Second, mother asserts that, by going forward with disposition without an ICWA finding, the court impliedly and erroneously found that respondent Santa Clara County Department of Family and Children’s Services (the Department) had complied with the ICWA’s notice provisions. Mother claims that the ICWA notices sent to the tribes by the Department were inadequate because the notices did not contain the maternal grandmother’s place of birth, even though the Department had access to this information. The Department argues that mother’s contentions are moot because the juvenile court subsequently made a finding “that the [ICWA] does not apply.” The De
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