Charles W. v. Superior Court
Petitioner seeks an extraordinary writ (Cal. Rules of Court, rule 8.450-8.452 [formerly rule 38-38.1]) to vacate the orders of the juvenile court denying him reunification services and setting a Welfare and Institutions Code section 366.26 hearing as to his son C. He also contends the juvenile court erred in failing to ask him whether he had any American Indian heritage, as required by the Indian Child Welfare Act (ICWA; 25 U.S.C. 1901 et seq.) While court affirm the courts dispositional orders and findings, we agree the court erred in failing to comply with ICWA. Accordingly, court remand the matter directing respondent to vacate the section 366.26 hearing and to comply with the ICWA.
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