In re G.S. CA4/2
Defendant and appellant M.S., Sr. (father) appeals from the juvenile court’s order transferring this dependency proceeding to the tribal court for the Picuris Pueblo of New Mexico pursuant to the Indian Child Welfare Act (ICWA). He contends the juvenile court erred in transferring the case and in failing to order that notice be provided to the Osage Nation. He further asserts that the court should not have transferred the proceeding until after it had taken jurisdiction. Plaintiff and respondent San Bernardino County Children and Family Services (CFS) concedes error in failing to notice the Osage Nation and in transferring the proceeding, but argues that the court was not required to take jurisdiction prior to transfer. Notwithstanding the asserted errors, CFS contends the appeal must be dismissed for lack of jurisdiction. We agree that the trial court erred and that the appeal must be dismissed for lack of jurisdiction.
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