In this appeal from the termination of parental rights, the Court of Appeal found non compliance with the ICWA stating that there was nothing in the record to suggest the Department made any inquiries. The Department filed a motion to dismiss the appeal as moot arguing that the juvenile court had subsequently made an order finding compliance with ICWA. The Court denied the motion finding that the juvenile court acted in excess of its jurisdiction in revisiting the termination order while it was being reviewed on appeal.
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