In re L.C. CA4/3

Filed 7/24/13 In re L.C. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re L.C., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G048052 Plaintiff and Respondent, (Super. Ct. No. DP022644) v. OPINION DANIEL H.,

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Deborah Chuang Servino, Judge. Affirmed. Mitchell Keiter, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Aurelio Torre, Deputy County Counsel, for Plaintiff and Respondent. * * *

Father appeals from the juvenile court’s order, pursuant to a hearing under Welfare and Institutions Code section 366.261 (“.26 hearing”), terminating his parental rights and deeming his daughter L.C. fit for adoption. Father raises two issues. First, he claims the court failed to investigate any Indian heritage he may have pursuant to the Indian Child Welfare Act (ICWA). Second, he claims his sister was entitled to preferential treatment for placement of the minor. We affirm. With respect to the ICWA claim, we agree the court erred, but the error was harmless because father did not indicate either below or in his appellate briefs any possibility that he may have Indian heritage. With respect to his claim for preferential placement of L.C. with his sister, no such preferential treatment applies to the selection of adoptive parents pursuant to a .26 hearing. And to the extent father is attempting to raise errors from prior hearings that he did not appeal, they have been waived.

FACTS

L.C. was born in early June 2012, and both she and mother tested positive for opiates at L.C.’s birth. Mother admitted to longstanding drug abuse issues, had an extensive criminal history, and had lost custody of two other children in Texas. Mother had only recently moved to California from Texas. While another man was listed on L.C.’s birth certificate, mother identified father as the child’s biological father. Mother indicated father was incarcerated in Texas, had a history of substance abuse, and had a history of violent behaviors including domestic violence and weapons charges. On June 8, 2012, the court held a detention hearing and ordered L.C. detained in the temporary care and custody of the Orange County Social Services Agency