In re Mark R.
Mother and Father each appeal from the termination of parental rights to minor, who is now six years old. Court previously reviewed this matter on Mother’s petition for extraordinary writ challenging the juvenile court’s order of August 25, 2005, terminating family reunification services and referring the matter to a Welfare and Institutions Code section 366.26 hearing, then scheduled for December 22, 2005. In a decision on the merits, court denied the petition in an unpublished decision filed December 15, 2005.
The section 366.26 hearing has since been held, and the juvenile court terminated parental rights after a contested hearing. Respondent (the Department) acknowledges that improper notice was given under the Indian Child Welfare Act (25 U.S.C. § 1902 et seq.; “ICWA”) so concedes the matter must be reversed and remanded for proper notice and then, if minor is found not to be an Indian child, the order terminating parental rights should be reinstated. Court agree.
Comments on In re Mark R.