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In re D.N.

California Court of Appeals, Second District, Fourth Division

August 14, 2013

In re D.N. et al., Persons Coming Under the Juvenile Court Law.
v.
R.N., Defendant and Appellant. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent,

CERTIFIED FOR PARTIAL PUBLICATION. [*]

APPEAL from an order of the Superior Court of Los Angeles County, No. CK13254 D. Zeke Zeidler, Judge.

Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant Mother, R.N.

Matthew I. Thue, under appointment by the Court of Appeal, for Defendant and Appellant Father, E.T.

John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, Peter Ferrera, Deputy County Counsel, for Plaintiff and Respondent.

ORDER MODIFYING OPINION

THE COURT: [*]

It is ordered that the opinion filed 8/14/13 be modified as follows:

On the caption page and on page 11, should be changed to read

EPSTEIN, P. J.

R.N. (mother) and E.T. (father) appeal from the order terminating their parental rights to daughters D.N. and A.T.[1] The parents argue there is a lack of compliance with the notice requirements of the Indian Child Welfare Act, 25 U.S.C. section 1901 et seq. (ICWA). We affirm. Substantial evidence supports the juvenile court’s determination that notice was proper and ICWA did not apply to this case. In the published portion of this opinion, we conclude, among other things, that this court cannot override the Choctaw Nation’s determination that the children are not eligible for membership.

FACTUAL AND PROCEDURAL SUMMARY

In June 2010, the Department of Children and Family Services (DCFS) filed a Welfare and Institutions Code section 300[2] petition on behalf of D.N. (born in 2006) and A.T. (born in 2010). The petition alleged mother had a long history of substance abuse, and father had failed to provide for A.T.

Mother claimed she had Choctaw Indian ancestry. The court ordered DCFS to provide ICWA notices to the Choctaw tribes and the Bureau of Indian Affairs (BIA). In July 2010, DCFS sent notices to the Choctaw Nation of Oklahoma, the Mississippi Band of Choctaw Indians, the Jena Band of Choctaw Indians, as well as the BIA and the United States Department of the Interior. The ...


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