Riverside County Department of Public Social Services v. S.H.
241 Cal. App. 4th 603
| Cal. Ct. App. | 2015Background
- Mother (S.H.) is biological mother of C.G. (born 2013) and B.H. (born 2011); both children were removed and parental rights eventually terminated.
- DPSS filed a dependency petition alleging possible Native American ancestry after father reported his father had “Cherokee” heritage; mother denied Native ancestry.
- The juvenile court initially ordered ICWA notice, but DPSS failed to comply with ICWA notice procedures (improper forms/insufficient notices to BIA and Cherokee tribes).
- At the August 2013 jurisdiction/disposition hearing the court found the children were not Indian children; later, after supplemental petition and removal, the court again found ICWA did not apply.
- In March 2015 the court found the children adoptable and terminated mother’s parental rights as to C.G.; mother appealed solely on ICWA notice grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court knew or had reason to believe C.G. was an “Indian child,” triggering ICWA notice duties | DPSS/respondent: Father’s vague statement of Cherokee ancestry was insufficient or DPSS substantially complied; ICWA not applicable | Mother: Father’s identification of “Cherokee” ancestry triggered ICWA notice; DPSS failed to provide proper notice | Court held there was reason to believe C.G. may be an Indian child; DPSS failed to comply with ICWA notice requirements, requiring reversal |
| Whether DPSS’s failure to give proper ICWA notice was harmless or required reversal | DPSS: Any error was harmless and did not affect permanency | Mother: Error was prejudicial because proper tribal inquiry/notice was never done | Court held error was not shown harmless on this record and reversed with directions to give proper notice |
Key Cases Cited
- Dwayne P. v. Superior Court, 103 Cal.App.4th 247 (collecting cases; parents’ statements of possible Cherokee heritage sufficient to trigger ICWA notice)
- In re O.K., 106 Cal.App.4th 152 (ICWA procedures apply when an Indian child is involved)
- In re B.R., 176 Cal.App.4th 773 (ICWA notice required based on grandparental membership information)
- In re Hunter W., 200 Cal.App.4th 1454 (vague, speculative claims of Indian ancestry may be insufficient when no tribe or relatives can be identified)
- In re Z.N., 181 Cal.App.4th 282 (where prior proper notice showed noneligibility, subsequent notice errors may be harmless)