In re Matthew D. CA4/1

Filed 9/24/13 In re Matthew D. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re MATTHEW D., a Person Coming Under the Juvenile Court Law. D064027 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. EJ3449) Plaintiff and Respondent,

v.

JOHN H.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Gary M.

Bubis, Judge. Reversed and remanded with directions.

Clare M. Lemon, under appointment by the Court of Appeal, for Defendant and

Appellant.

Thomas E. Montgomery, County Counsel, John E. Philips, Chief Deputy County

Counsel and Caitlin E. Rae, Deputy County Counsel, for Plaintiff and Respondent.

John H. appeals the judgment terminating his parental rights to his son, Matthew

D. (Welf. & Inst. Code, § 366.26.) John contends the San Diego County Health and

Human Services Agency (the Agency) omitted known and required information from

notices given pursuant to the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et

seq.), and the juvenile court failed to require sufficient ICWA notice. The Agency

concedes the ICWA notices were insufficient and a limited remand is necessary to effect