In re E.V. CA3

Filed 1/17/25 In re E.V. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yolo) ----

In re E.V., a Person Coming Under the Juvenile Court C101648 Law.

YOLO COUNTY HEALTH AND HUMAN (Super. Ct. No. JV2024-0024) SERVICES AGENCY,

Plaintiff and Respondent,

v.

P.V.,

Defendant and Appellant.

Appellant P.V. (father) appeals from the juvenile court’s jurisdictional and disposition orders. The trial court found the minor, E.V., a dependent child of the court and removed the minor from his parents’ custody with continued placement in a foster home while reunification services were being provided. In those orders, the juvenile court made no findings concerning the Indian Child Welfare Act of 1978 (ICWA)

1

(25 U.S.C. § 1901 et seq.) and related state law (Welf. & Inst. Code, § 224.2, subd. (a)).1 Father argues the Yolo County Health and Human Services Agency’s (Agency) investigation was inadequate and asks this court to conditionally reverse the juvenile court’s orders with directions for the Agency to comply with the ICWA’s inquiry and notice requirements on remand. We conclude this challenge is premature and will dismiss the appeal. BACKGROUND The minor was born in February 2024. That same month, the Agency filed a dependency petition under section 300, subdivision (b)(1). The petition alleged father had a substance abuse problem and hospital personnel observed him acting in an irrationally agitated manner towards hospital staff during the birth of the minor. The hospital staff also reported father had glazed eyes and slow blinking. Father’s reported criminal history included multiple charges of battery on a spouse or cohabitant, inflicting corporal injury on a spouse, burglary, and possession of a controlled substance. Father had served time in prison and had multiple parole and probation violations. At an in- home visit shortly after the birth, the minor’s mother, E.M. (mother) claimed father did not use drugs and was merely tired at the hospital. But drugs and drug paraphernalia were observed in the bathroom of the home. Once again, father showed signs of illicit substance abuse. The initial detention report recommended the minor remain in protective custody until the jurisdictional hearing. The report stated that the ICWA did not apply. When the social worker asked mother and father about any Native American ancestry, both reported they had none. Mother also told the social worker her maternal grandmother was deceased and she did not know her father. The Agency’s child welfare history for mother’s family indicated mother may have siblings who may have “further information