Amber L. v. Superior Court CA4/1

California Court of Appeal Nov 20, 2015 No. D068782Unpublished

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Holding. The court conditionally reversed the order setting a section 366.26 hearing because the Agency and juvenile court failed to conduct a sufficient inquiry into the children's potential Indian heritage as required by the Indian Child Welfare Act.

Issues

Did the Agency and juvenile court fulfill their affirmative and continuing duty to inquire whether the children are Indian children under ICWA?

Disposition. Conditionally reversed and remanded.

Quotations verified verbatim against the opinion

“The Agency concedes, and the record shows, that the social worker did not make further inquiry regarding the possible Indian status of the children.”

“The order setting the section 366.26 hearings is conditionally reversed.”

Filed 11/20/15 Amber L. v. Superior Court CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

AMBER L., D068782

Petitioner, (San Diego County v. Super. Ct. No. EJ3765A-D)

THE SUPERIOR COURT OF SAN DIEGO COUNTY,

Respondent;

SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY et al.,

Real Parties in Interest.

PROCEEDINGS in mandate after referral to a Welfare and Institutions Code

section 366.26 hearing. Gary M. Bubis, Judge. Petition granted; request for stay denied.

Dependency Legal Group of San Diego and John P. McCurley for Petitioner.

No appearance by Respondent.

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

Counsel, and Lisa Maldonado, Deputy County Counsel, for Real Party in Interest San

Diego County Health and Human Services Agency.

Dependency Legal Group of San Diego and Caitlin Zaback for Real Parties in

Interest E.L., J.L., B.L. and A.L., Minors.

Amber L. seeks review of a juvenile court order setting a hearing under Welfare

and Institutions Code section 366.26.1 She contends the San Diego County Health and

Amber L. v. Superior Court CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

AMBER L., D068782

THE SUPERIOR COURT OF SAN DIEGO COUNTY,

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FACTUAL AND PROCEDURAL BACKGROUND

DISCUSSION

DISPOSITION

NARES, J.

HALLER, J.

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