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Name: In re Jonathon S.
Case #: E037183
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/11/2005

Mother, who was not the parent with Indian heritage, challenged the ICWA notice given in an appeal from a termination hearing. The Department argued that mother lacked standing to assert the ICWA notice issue. The juvenile court rejected the Department’s argument, finding that the ICWA defines “parent” to include any biological parent of an Indian child. In the unpublished portion of the opinion, the court reversed the parental rights termination order and remanded for the Department to serve appropriate ICWA notice.