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Name: In re Isaiah W.
Case #: B250231
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 08/08/2014
Subsequent History: Review granted 10/29/2014: S221263

Mother forfeited her right to challenge the ICWA notice at the disposition hearing where she waited a year after the parental rights termination hearing to raise it. Following termination of her parental rights, mother contended on appeal that the juvenile court erred in finding that it had no “reason to know” the minor was an Indian child, and in failing to order the Department to comply with ICWA at the dispositional hearing. The appellate court rejected the argument and affirmed. Mother had the right to appeal the juvenile court’s order at the dispositional hearing. She did not do so, but appealed one and a half years later after the court terminated parental rights. Citing In re Pedro N., the appellate court held that Mother forfeited her right to raise a challenge to the juvenile court’s finding that ICWA did not apply.