In re N.M.
The Indian Child Welfare Act requires that notice of a state court juvenile dependency proceeding be provided to any Native American tribe with which the child may be affiliated, or to the Bureau of Indian Affairs if the tribe is not known. Federal guidelines, the California Rules of Court, and California case law require that any notice provided be filed with the juvenile court.
In the present case, proper notices were given but were not filed with the court. Notwithstanding that fact, the juvenile court found the ICWA did not apply to the case and terminated the parental rights of the mother of the subject minor child.
Court conclude: (1) the juvenile court should have required filing of the notices before finding the ICWA did not apply; (2) the failure to file the notices could be, and was, cured by the filing of the notices after this appeal was filed; (3) the notices satisfied the ICWA requirements; and (4) therefore, the court’s error was harmless.
Comments on In re N.M.