In re A.B.
Annotate this CaseScott R. appealed the termination of his parental rights to his biological daughter, A.B., under Family Code section 7822,1 which authorizes the termination of rights of a parent who "has left the child in the care and custody of the other parent for a period of one year without any provision for the child's support, or without communication . . . with the intent . . . to abandon the child." He argued that the one-year statutory period referred only to the year immediately preceding the filing of the petition for termination of parental rights, which precluded its application to him. Scott argued in the alternative that reversal was warranted in any event because: (1) he rebutted the presumption that he intended to abandon A.B.; (2) the termination of his rights was not in A.B.'s best interests; and (3) the juvenile court erred in determining that the Indian Child Welfare Act (ICWA) did not apply absent proof that a tribe he identified actually received notice as required under that statutory scheme. After review, the Court of Appeal rejected Scott's arguments and affirmed the order.
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