LA Cnty. DCFS v. Shahida R.

Mother and Father appealed from the jurisdiction findings and disposition order declaring their infant daughter a dependent of the juvenile court and removing her from their custody after the juvenile court sustained an amended petition pursuant to Welfare and Institutions Code section 300. Mother and Father also contend that the juvenile court failed to comply with the requirements of the Indian Child Welfare Act (ICWA), 25 U.S.C. 1900 et seq. The court concluded that the juvenile court's jurisdiction finding is supported by substantial evidence where there was ample evidence that Mother was hiding her current drug use. In this case, the court concluded that, due to the juvenile court's failure to comply with the requirements of the ICWA by not giving notice to the Cherokee tribe, the disposition order may only be conditionally affirmed. Accordingly, the court remanded for compliance with the ICWA and related California law. The court affirmed in all other respects. View "LA Cnty. DCFS v. Shahida R." on Justia Law