In re Juan E.
Mother of 10 month old infant appeals from the juvenile court's order terminating her parental rights to Juan under Welfare and Institutions Code section 366.26. Mother contends that the juvenile court's order setting the section 366.26 hearing 56 days after reunification services were denied rather than the 120 days allowed under section 361.5, subdivision (f), effectively prevented her from filing a section 388 petition showing changed circumstances to justify reunification services, thereby violating her due process rights under the United States and California Constitutions. Mother also contends that the Los Angeles County Department of Children and Family Services (Department) failed to comply fully with the notice requirements of the Indian Child Welfare Act (ICWA or Act). (25 U.S.C. S 1901, et seq.) Court deny mother's challenge on due process grounds to the termination of her parental rights. The Department concedes that it did not fully comply with the Act's notice provisions. Because the Department did not comply fully with those provisions, Court reverse the order terminating mother's parental rights and remand this case with directions to the juvenile court to order full compliance.
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