Colorado Appellate Court Reverses Termination of Parental Rights for Failure to Give Proper Notice under ICWA

Here is the opinion in In re L.A.N.

An excerpt:

In this dependency and neglect proceeding, L.M.B. (mother) appeals from the judgment terminating her parent-child legal relationship with L.A.N., also known as L.A.C. (the child). Mother contends, and we agree, that the judgment must be vacated because the notice requirements of the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901-1963 (the ICWA), were not met. Therefore, we vacate the judgment and remand for further inquiry and proper notice as provided in this opinion. However, because the child may not be eligible for tribal membership, or even if she is, the case may not be transferred to a tribal court, we also address mother’s contention that the court erred by denying her request for production of the file of the child’s therapist. We further conclude that the court erred in denying mother’s request, and that a remand is needed to address this issue.