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Name: Alicia B. v. Superior Court
Case #: D043320
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/09/2004
Summary

The juvenile court did not err when it denied placement of the minor with his grandmother, who had a history of referrals to child protective services. Grandmother was eligible for preferential consideration as a relative placement, but the linchpin of the analysis is whether placement with a relative is in the best interests of the minor. Here, the court was well within its discretion when it denied the relative placement given grandmother’s history of child abuse and neglect. Further, although appellant was correct that it was error for the Department to have failed to file with the court proper notices sent to the four tribes and the BIA, there was no prejudice caused. The augmented record shows that subsequent to the hearing, the notices were filed, and it was determined that ICWA did not apply. Therefore, the Department’s error in not timely filing copies of the notices with the court was harmless.