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Name: In re Asia L.
Case #: A098500
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/24/2003
Subsequent History: None
Summary

In a prior case involving the same family, the appellate court reversed and remanded a dispositional order regarding one of the children for failure to comply with the ICWA. In this appeal, the court again reverses the 366.26 orders based on failure to comply with the ICWA. Here, the Department failed to comply with the second step in Marinna J. by failing to submit the proper documentation to the trial court for review. The social worker’s testimony that she sent the notices was insufficient, and the record does provide some reason to question whether there was a defect in the notices sent. Further, there was insufficient evidence of adoptability due to the developmental problems faced by the children. The social worker’s conclusions alone were insufficient, and the suggestion that she could find a home too speculative. Upon remand for these issues, the trial court should also consider the sibling visitation issue. (The court also rejected Respondent’s argument that the appeal should be dismissed because mother’s attorney signed the notice of appeal.)