Nevada County Health & Human Services Agency v. C.W.
193 Cal. App. 4th 413
| Cal. Ct. App. | 2011Background
- In April 2009, Nevada County HHSA detained 4‑month‑old D.W. and a petition was filed under Welfare and Institutions Code § 300(b).
- The petition alleged the parents could not care for D.W. without supervision and that the child may be a member of or eligible for membership in the Cherokee Nation.
- At disposition, the court assumed jurisdiction after waivers of rights and ICWA forms; ICWA notice to the Bureau of Indian Affairs was provided.
- At the six‑month review, the department concluded ICWA did not apply after tribes indicated D.W. was not eligible for membership.
- In May–June 2010, the court conducted a selection and implementation hearing and terminated parental rights, ordering a permanent plan of adoption; the father appealed alleging ICWA notice deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ICWA applies given notice deficiencies | Father argues notice misspelled paternal grandmother and omitted middle name, undermining ICWA notice. | Department contends any errors were nonprejudicial and not sufficient to show ICWA applies after tribes indicated ineligibility. | No reversible error; ICWA did not apply. |
| Whether misspellings in ICWA notice tainted tribal determination | Father asserts misnaming prevented tribes from identifying the grandmother and potential membership. | Department argues correct information exists via other biographical details; misspellings did not prejudice tribal search. | Not prejudicial; proper information allowed tribal determination. |
Key Cases Cited
- In re Marinna J., 90 Cal.App.4th 731 (Cal. Ct. App. 2001) (notice must continue for each hearing until ICWA applicability is determined)
- Nicole K. v. Superior Court, 146 Cal.App.4th 779 (Cal. Ct. App. 2007) (parental failure to raise ICWA issue in juvenile court does not bar appellate review)