In re Juan J.
Appellant appeals from orders on juvenile dependency petitions filed by the San Diego Health and Human Services Agency (the Agency) on behalf of his minor children, Juan J., Jr. (Juan Jr., age 3) and Jared J. (age 8-months; together the children). Juan Sr. claims that the juvenile court erred in: (1) failing to acknowledge his presumed father status as to Juan Jr.; (2) not ordering a paternity test as to Jared; (3) not securing his attendance at scheduled hearings; and (4) finding that the Indian Child Welfare Act (ICWA) did not apply without having an adequate basis for that finding as to him. The Agency seeks to dismiss the appeal on the ground subsequent events have rendered all issues moot.
Court agree that the paternity issue is moot, but find that the issues pertaining to Juan Sr.'s attendance and application of ICWA are not moot. We deny the motion to dismiss the appeal and address the latter issues on their merits. Court find no error pertaining to the juvenile court's failure to secure Juan Sr.'s attendance, but reverse the finding that ICWA did not apply. Accordingly, Court reverse the dispositional orders and remand the matter for further proceedings to assure compliance with the federal statute.
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