Synopsis provided by Westlaw: Dependency proceeding was initiated regarding child born with amphetamine and methamphetamine in her system at birth. Following determination that Indian Child Welfare Act (ICWA) did not apply to child’s presumed father or biological father, the Superior Court, San Diego County, No. J519280, Kimberlee Lagotta, J., terminated mother’s parental rights to child. Mother and presumed father appealed.
Holdings provided by Westlaw: The Court of Appeal, Irion, Acting P.J., held that:
1) record demonstrated ICWA did not apply based on biological father’s initial claim of Native American heritage;
2) as an issue of apparent first impression, presumed father’s claim of Native American heritage was insufficient to trigger ICWA notice requirements; and
3) record supported finding that mother was not entitled to parent-child relationship exception to adoption to preclude termination of parental rights.
Read the full decision at the National Indian Law Library website.