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Name: Tina L. v. Superior Court
Case #: B206049
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 05/23/2008

Limited remand for ICWA compliance is not prohibited by recently enacted statutes governing custody proceedings involving Indian children (Welf. & Inst. Code, secs. 224 et seq.). Mother’s reunification services were terminated, and she filed a petition for writ of mandate to set aside the orders because the court failed to comply with the ICWA notice requirements. Although respondent county conceded the ICWA notice issue, it asked for limited remand to permit compliance. Mother challenged the limited remand, contending that recently enacted section 224.2, subdivision (d), prohibits it. The appellate court held that section 224.2, subdivision (d) does not prohibit the established remedy of a limited reversal and remand.