In re Alyssa R.
Appellant is the father of children that were detained in when they were fourteen months old and three months old. The Welfare and Institutions Code section 300 petition was sustained under section 300, subdivision (b), and that reunification services were terminated in March 2005. This appeal is from the denial of appellant's January 25, 2005, section 388 petition, in which he sought a home of parent order or increased visitation. Appellant's contention is that the order denying the petition must be reversed because the trial court and DCFS failed to comply with the Indian Child Welfare Act.
The order denying the section 388 petition is reversed and the case is remanded to the so that DCFS can comply with the notice provisions of Indian Child Welfare Act. If, after proper notice, a tribe claims these children as Indian children, the court shall proceed in conformity with all provisions of Indian Child Welfare Act. If no tribe claims that these children are Indian children, the ruling shall be reinstated.
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