In re S.K. CA2/2

Filed 9/16/14 In re S.K. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

In re S.K., et al., Persons Coming Under B253199 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK73668)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

STACY K.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Amy M. Pellman, Judge. Reversed and remanded with directions.

Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant.

John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Navid Nakhjavani, Deputy County Counsel, for Plaintiff and Respondent. _________________________

Stacy K. (father) appeals from a judgment following the juvenile court’s order terminating his parental rights to J.M., Ja.K., and Hazel K. (the children). (Welf. & Inst. Code, § 366.26.)1 He contends that the juvenile court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA). We agree with father that notice was deficient. That error compels a limited reversal of the juvenile court’s order terminating father’s parental rights. The matter is remanded back to the juvenile court for compliance with the ICWA’s notice requirements. FACTUAL2 AND PROCEDURAL BACKGROUND Detention; Original ICWA Notice On June 13, 2011, the Riverside County Department of Public Social Services (DPSS) filed a petition on behalf of the children. According to the detention report, the children were not Indian children;3 both parents denied Indian heritage. On June 14, 2011, the juvenile court held a detention hearing. Father was not present at the hearing because he was in the hospital. But, father’s sister, Wanda K. (Wanda), was present. She advised the juvenile court that there was Cherokee heritage in the family. The juvenile court ordered DPSS to give ICWA notice to the Cherokee Nation. It also ordered the parents to complete various ICWA forms. The children were detained. On August 17, 2011, the juvenile court sustained the petition, as amended; it declared the children dependents and removed them from their parents’ care. Regarding