Legal Opinion

Del Norte County Department of Health & Human Services v. Patricia M.

California Court of Appeal

Decided November 20, 2013No. A136586PublishedCited by 7 opinions

1Opinion of the Court

Opinion

RICHMAN, J.

This appeal challenges an order terminating the parental rights of mother Patricia M. and father Bryan K. to their daughter Autumn K. and placing the child for adoption. Because Autumn was of Chickasaw descent and thus an Indian child, the dependency proceeding fell within the provisions of the Indian Child Welfare Act of 1978 (ICWA), 25 United States Code section 1901 et seq. As such, there were particular substantive requirements with which the juvenile court was obligated to comply when selecting a permanent plan for Autumn. Most significantly, absent good cause to…

2Cases cited16 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. Miklosy v. Regents of the University of CaliforniaCalifornia Supreme Court · 2008
  3. Adoptive Couple v. Baby GirlSupreme Court of the United States · 2013
  4. MacIsaac v. Waste Management Collection & Recycling, Inc.California Court of Appeal · 2005
  5. Calatayud v. State of CaliforniaCalifornia Supreme Court · 1998

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3Cited by7 opinions

  1. Los Angeles County Department of Children & Family Services v. J.E.California Court of Appeal · 2014
  2. John O. v. Scott R.California Court of Appeal · 2016
  3. In re A.M. CA2/2California Court of Appeal · 2020
  4. In re D.W. CA4/1California Court of Appeal · 2020
  5. In re G.O. CA4/1California Court of Appeal · 2021

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