In re Natalie P. CA4/1

Filed 7/6/15 In re Natalie P. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 NATALIE P., a Person Coming Under the Juvenile Court Law. D067689 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. EJ3869) Plaintiff and Respondent,

v.

ERIKA P.,

Defendant and Appellant.

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

Bubis, Judge. Reversed and remanded with directions.

Paul A. Swiller, 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.

Erika P. appeals following the jurisdictional and dispositional hearing in the

juvenile dependency case of her daughter, Natalie P. Erika contends the juvenile court

erred by finding the San Diego County Health and Human Services Agency (the Agency)

substantially complied with the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et

seq.) and ICWA did not apply. The Agency concedes ICWA notice should have been

sent to the Cherokee tribe, the ICWA-030 form (Cal. Rules of Court, rule 5.481(a)(4)(A)