In re A.W. CA3

Filed 8/27/13 In re A.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

In re A.W. et al., Persons Coming Under the Juvenile Court Law.

SHASTA COUNTY HEALTH AND HUMAN C072502 SERVICES AGENCY, (Super. Ct. Nos. Plaintiff and Respondent, 10JVSQ2733302, 10JVSQ2733402, v. 10JVSQ2733502)

C.W.,

Defendant and Appellant.

C.W., mother of the minors, appeals from orders of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395.)1 Appellant contends the record fails to show that appellant was informed and aware of her rights at the section 366.26 hearing and her submission on the issues was not, therefore, voluntary. Appellant further

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

argues, and respondent concedes that a limited reversal for compliance with the Indian Child Welfare Act (ICWA) (25 U.S.C. 1901 et seq.) notice provisions is required. While finding no merit in appellant’s first contention, we accept respondent’s concession as to the second contention and reverse and remand the orders for compliance with the notice provisions of ICWA. FACTS In March 2008, the Shasta County Health and Human Services Agency (Agency) filed a petition to remove A.W., age seven; D.S., age three; and I.S., age 13 months from parental custody due to appellant’s drug issues. Mother successfully reunified and the first dependency was terminated in October 2009. The Agency filed a new petition in September 2010 to remove the minors from mother after D.S., then five years old, took a bag of methamphetamine to school. The court ordered the minors detained. At the detention hearing, mother signed a notice of rights and responsibilities which stated, in pertinent part: “The California Welfare and Institutions Code requires that the Court provide you with the following information concerning your rights and responsibilities during juvenile dependency court proceedings: [¶] 1. Right to an Attorney: You have the right to have an attorney represent you at all hearings . . . The court will appoint an attorney for you if you are unable to afford one. [¶] 2. Hearing Rights You are entitled to the following: [¶] A. To be present at all hearings [¶] . . . [¶] D. You have a limited right to assert the privilege against self-incrimination. . . . [¶] E. You have the right to confront and cross-examine the persons who prepared reports or documents submitted to the court and the witnesses called to testify at the hearing. [¶] F. You have the right to have the court compel witnesses to attend who may be helpful to you. [¶] G. You have the right to present evidence to the court. [¶] H. You also have the right to have your legal rights explained to you by the court. If you do not understand any of these rights, tell your lawyer or the judge when your case is called.” (Italics added.) The notice of rights and responsibilities