JUSTIN L. v. Superior Court

Opinion

ALDRICH, J.—

I

INTRODUCTION

Three parents of two children, mother R.L.W., Justin L., father of I.L., and Jaron D., father of E.D., filed petitions for extraordinary writ review (Cal. Rules of Court, rule 8.452) challenging various orders made by the juvenile court on March 12, 2008. We issue a peremptory writ of mandate for the sole purpose of directing the juvenile court and the Department of Children and Family Services (the Department) to comply with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq. & 1912; the ICWA). In all other respects we affirm the juvenile court’s orders. We publish this opinion to call attention, once again, to the persistent failure of the juvenile court and the Department to fulfill their obligations under the ICWA.

II

FACTUAL AND PROCEDURAL BACKGROUND

a., b.

*

c.

The adjudication and disposition orders

The juvenile court sustained the following allegations in the petition under Welfare and Institutions Code section 300, subdivisions (a), (b), (e), and (g): In March 2007, baby E. was found to be suffering from a seizure, fever, difficulty breathing, and injuries to her back, thighs, left bicep, and right eye

[1409]

and was hospitalized for multiple fractures to her skull, and acute and old subdural hematomas. Mother’s explanations were inconsistent with E.’s injuries. Jaron provided no explanation for the injuries. E.’s injuries were consistent with child abuse and would not have ordinarily occurred except from the deliberate, unreasonable, and neglectful acts of mother and Jaron, who had care, custody, and control of the child. The petition further alleged that “[t]he child’s parents knew, or reasonably should have known, that the child was being physically abused and failed to take action to protect the child.” Mother and Jaron failed to obtain timely medical care for E. despite being told by doctors that she sustained a skull fracture. Justin failed to and was currently unable to provide for I.’s basic necessities of life. The parents’ conduct placed the children at risk of harm.