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Name: In re Francisco W.
Case #: D047094
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/17/2006
Subsequent History: Revw denied 8/16/06.
Summary

In an appeal from a parental rights termination case, the parents of the minor asked the appellate court to reconsider its practice of limited reversals and remand in ICWA cases in which the court instructs the juvenile court to correct the ICWA notice defect and reinstate the judgment of termination where no tribe chooses to intervene. The parents contended that the appellate court should reverse without limitation, thereby allowing the juvenile court to reconsider issues outside the ICWA. They argued that limited reversals violate due process, are inconsistent with the child’s best interests, and prevent the juvenile court from considering changes in the child’s circumstances concerning his adoptability. The appellate court rejected appellant’s argument and issued a limited remand on the ICWA notice issues. The limited reversal disposition in defective ICWA notice cases is in keeping with public policy which favors prompt resolution of cases, and is in accordance with established principles of appellate practice. It does not present any reasonable likelihood of a miscarriage of justice which cannot be remedied by the juvenile court or the reviewing court.