In re M.S. CA4/1
Julie E. Braden, under appointment by the Court of Appeal, for Minor.
R.S. (Father) and his minor daughter, M.S., appeal from juvenile court orders denying Father’s petition under Welfare and Institutions Code section 388 to grant him reunification services after his release from incarceration. Father also appeals from the juvenile court’s finding that the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) did not apply. The San Diego County Health and Human Services Agency (Agency) maintains the court did not err in denying the section 388 petition without a hearing or in finding ICWA inapplicable. We conclude the juvenile court did not abuse its discretion by denying Father’s section 388 petition, but erred in finding ICWA did not apply, and conditionally reverse in part for ICWA compliance.
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