legal news


Register | Forgot Password

In re Martin C.
The mother of minor appeals the judgment terminating her parental rights under Welfare and Institutions Code section 366.26. Minor contends the juvenile court erred by finding: (1) Minor was likely to be adopted; (2) the beneficial parent-child relationship exception to adoption did not apply; and (3) the Indian Child Welfare Act (ICWA) did not apply. Also, minor's appellate counsel requests we take judicial notice of postjudgment developments concerning minor's adoptability. Minor's appellate counsel and D.C.'s appellate counsel argue that if the court take judicial notice of the requested material, the court should allow the juvenile court to revisit its adoptability finding upon remand for defective ICWA notice.
The San Diego County Health and Human Services Agency (Agency) concedes, and court agreed, there was noncompliance with ICWA. Court otherwise found no error. Court declind to take judicial notice of the postjudgment developments. Accordingly, court reversed with directions on the ICWA issue.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2024 Fearnotlaw.com The california lawyer directory

  Copyright © 2024 Result Oriented Marketing, Inc.

attorney
scale