In re J.A. CA3

Filed 7/29/25 In re J.A. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

In re J.A., a Person Coming Under the Juvenile Court C103241 Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. AGENCY, STKJDDP20230000454)

Plaintiff and Respondent,

v.

J.A.,

Defendant and Appellant.

Father of the minor appeals from the juvenile court’s orders denying his petition for modification and terminating parental rights, freeing the minor for adoption. (Welf. & Inst. Code,1 §§ 366.26, 388, 395.) We affirm. BACKGROUND The newborn minor came to the attention of the San Joaquin County Human Services Agency (Agency) in November 2023. The minor tested positive for

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

amphetamine and fentanyl at birth, having been exposed by mother who had a history of substance abuse and who also tested positive at the minor’s birth. After a difficult recovery in the neonatal intensive care unit, the minor was removed pursuant to a protective custody order and placed with his maternal aunt and uncle. The Agency filed a dependency petition on behalf of the minor pursuant to section 300, subdivisions (b) and (j). The petition alleged that mother and father each lived a transient lifestyle and neither had stable, suitable housing for the minor. Both parents had substance abuse issues and criminal histories. Father’s history of substance abuse and criminal behavior directly impaired his ability to supervise and protect the minor, placing the minor at substantial risk of abuse or neglect. On February 16, 2024, the juvenile court sustained the allegations and ordered the minor removed from both parents. The court made visitation orders and ordered both parents to participate in drug court. At the outset of the dependency proceedings, it was determined that maternal great-grandmother D.G. was a registered member of the Seminole Nation of Oklahoma Tribe. In early 2024, the Agency received notice from the Seminole Nation of Oklahoma Tribe that the minor was eligible for membership in the Tribe through the maternal great- grandmother. In June 2024, the Agency searched for potential family members. Three of father’s relatives were located and sent ICWA-020 forms. In October 2024, the ICWA- 020 forms intended for all three paternal relatives were returned to sender. Two months later, qualified ICWA expert witness Richard England submitted his report stating the minor was connected to the Seminole Nation of Oklahoma Tribe and the minor’s current placement with the maternal aunt and uncle was in his best interest as there were no other relatives or tribal placements available. In July 2024, the Agency reported that the minor was doing well in his placement. The report identified the permanent plan as adoption by the aunt and uncle. According to the report, father was transient and unemployed and struggling to maintain consistent