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Name: In re Jonathan D.
Case #: C037483
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/05/2001
Subsequent History: None

At the section 366.26 hearing, the court was notified that the Indian Child Welfare Act applied. The social worker advised that a representative of the tribe had called her, but the matter had not been resolved, and she was waiting for the tribe’s representative to call her back. Only one of the three tribes notified received ten days notice. The court proceeded with the .26 hearing, and terminated parental rights. The appellate court here reversed. The notice provided to the tribes was not adequate because it was not served at least ten days before the 366.26 hearing, as required by the ICWA. Notice short of ten days does not comply with the Act, technically or substantially. Further, it was not too late to raise the issue at the 366.26 hearing, because notice is mandatory, and the issue can be raised by the tribe at any time, even after termination of parental rights.