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Name: In re Miracle M.
Case #: B200319
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/04/2008
Summary

The order terminating parental rights had to be reversed where ICWA notices named only one of the two minor children. Mother’s parental rights to two minor children, Faith and Miracle, were terminated following her failure to reunify with them. Both mother and father claimed Indian ancestry. DCFS sent out notices to the named tribes and the BIA which named only Miracle. Copies of the notice were not provided to the parents. The Department conceded that reversal of the order was required in order to provide proper notice in reference to Faith. The appellate court reversed the order terminating parental rights as to Faith and remanded for ICWA notice. However, it affirmed the orders regarding Miracle. The parents failed to object when they were not served with copies of the notices which were made part of the court file, and have not preserved the matter for appellate review. Even if failure to serve the parents was an error, it was harmless. The parents have failed to show that further notice to the parents would have generated additional information.