In re Stephanie M.
Father and Mother appeal from the juvenile court's order terminating their parental rights to Stephanie, Justin, and Adam, three of their four children. Respondent concedes that the juvenile court erred in not requiring the Department of Childrens Services (the Department) to send appropriate notice to the Sioux tribes and the Bureau of Indian Affairs pursuant to the Indian Child Welfare Act (ICWA; In re Samuel P. (2002) 99 Cal.App.4th 1259, 1268; Cal. Rules of Court, rule 1439(f)(5)). The Department does not oppose remand for the limited purpose of ensuring compliance with the notice requirements. (In re Brooke C. (2005) 127 Cal.App.4th 377, 386.) Two issues raised by Mother and Father remain: 1) whether a bonding study should have been ordered and 2) whether the juvenile court erred in finding that the section Welfare and Institutions Code section 366.26, subdivision (c)(1)(a), applied. Court find no error in those decisions and therefore remand only for proper notice under ICWA.
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