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Name: C.F. v. Superior Court
Case #: A142192
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/01/2014

Agency made active efforts to prevent the breakup of Indian family where reasonable services were provided to mother and she failed to utilize them. Appellant was the mother of three minors who were registered members of an Indian tribe. The minors were removed due to mother’s substance abuse. Mother’s services were terminated after 12 months of sporadic involvement, and a 366.26 hearing was set. In a writ petition, mother contended that the juvenile court acted improperly in setting the 366.26 hearing because the Agency did not make active efforts to prevent the breakup of the Indian family as required by ICWA. The appellate court rejected her argument and affirmed. The Agency made active efforts to help mother carry out her plan, which included repeatedly contacting mother and encouraging her to participate in the case plan, and assisting her with housing and employment. The standard of review for active efforts is no different than that for determining whether reasonable services were provided. Therefore, the juvenile court’s order is reviewed for substantial evidence, which was present here.