San Joaquin County Human Services Agency v. C.M.

Stockton, California family law lawyer represented the Defendant in a parental rights termination proceeding.



C.M., mother of the minor A.M., appeals from the juvenile court's orders terminating parental rights and freeing the minor for adoption. (Welf. &Inst. Code, §§ 366.26, 395.)[1] Mother contends the juvenile court erred in failing to find the beneficial parental relationship exception to adoption applied. In response to our invitation for supplemental briefing, she claims the juvenile court erred by failing to make findings regarding the applicability of the Indian Child Welfare Act (25 U.S.C. § 1900 et seq.) (ICWA) prior to termination of parental rights. We conditionally reverse and remand for limited proceedings to determine ICWA compliance and for the court to enter appropriate ICWA findings and orders at a noticed hearing.



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Legal issue Did the juvenile court err by terminating parental rights without determining compliance with the Indian Child Welfare Act (ICWA)?

Headnote



FAMILY LAW. TERMINATION OF PARENTAL RIGHTS. The case involves an appeal concerning the juvenile court's decision to terminate parental rights and free a minor for adoption, with the appellant arguing that the beneficial parental relationship exception to adoption should apply.



JUVENILE LAW. INDIAN CHILD WELFARE ACT COMPLIANCE. The appellate court conditionally reversed and remanded the case due to the juvenile court's failure to make necessary findings regarding the applicability of the Indian Child Welfare Act before terminating parental rights.



Key Phrases Beneficial parental relationship exception. Termination of parental rights. Indian Child Welfare Act compliance. Substance abuse treatment facility. Supervised visitation.

Reversed.