In re R.S., No. A124021
Order of the juvenile court terminating parents' parental rights is reversed where: 1) the juvenile court erred in holding the section 366.26 hearing and in issuing orders that terminated parental rights and granting a request by the minor's foster parents to be designated as prospective adoptive parents, because in doing so the court impermissibly interfered with a final, voluntary relinquishment the parents had made to State Adoptions; and 2) it was unnecessary to address mother's contention that the court violated notice requirements of the Indian Child Welfare Act because any defect in the notice provided to Indian tribes is rendered moot by the parents' voluntary relinquishment to State Adoptions.
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Filed November 30, 2009
Opinion by Judge Marchiano
For Appellant: Donna L. Hall and Valerie E. Sopher
For Appellee: Dohn R. Henion, County Counsel and Ian W. Trueblood, Deputy County Counsel