In re Nevaeh CA4/1

Filed 10/29/13 In re Nevaeh CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 NEVAEH T. et al., Persons Coming Under the Juvenile Court Law. D064188 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. NJ14744A-B) Plaintiff and Respondent,

v.

NINA S.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael J.

Imhoff, Commissioner. Reversed and remanded with directions.

Lelah S. Fisher, under appointment by the Court of Appeal, for Defendant and

Appellant.

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

Counsel and Emily K. Harlan, Deputy County Counsel, for Plaintiff and Respondent.

Nina S. appeals following the jurisdictional and dispositional hearing in the

dependency case of her daughters, Nevaeh T. and E.T. (together, the children). Nina

correctly contends the San Diego County Health and Human Services Agency (the

Agency) and the juvenile court failed to fulfill their duties of inquiry and notice pursuant

to the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). The Agency

concedes ICWA notice should have been given and a limited remand is necessary to