People v. Alejandro A.

California Court of Appeal Mar 4, 2008 No. D051300Published

Before: Benke

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Holding. The court held that the Indian Child Welfare Act (ICWA) did not apply to the appellant's delinquency proceedings because there was no evidence he was an Indian child and the proceedings did not involve foster care placement.

Issues

Whether the juvenile court was required to inquire into the appellant's status as an Indian child under the Indian Child Welfare Act.
Whether the Indian Child Welfare Act applies to delinquency proceedings where the child is not at risk of entering foster care.

Disposition. affirmed

Quotations verified verbatim against the opinion

“there is simply no evidence appellant is an Indian child such that the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) applies to him.”

“The case before us is not a child custody proceeding nor is it one where appellant is at risk of entering foster care.”

Opinion

BENKE, Acting P. J.

In this delinquency proceeding, appellant Alejandro A. alleges there was evidence he was an Indian child and inquiry should have been made as to his status before the disposition was entered. We reject the contention and affirm the judgment.

BACKGROUND

The November 15, 2005, Petition

On November 11, 2005, shortly before 10:30 p.m. appellant, who was 14 years old, and a 17-year-old companion threw rocks at vehicles that were being driven down Old Highway 80 in Boulevard. One of the rocks struck the driver’s side windshield of Brian Hicks, causing $450 in damage. The passenger in another car nearly struck by a rock tried to place appellant and his companion under citizen’s arrest. A passer-by gave that driver enough information that appellant was identified.

In a petition filed on November 15, 2005, pursuant to Welfare and Institutions Code section 602, the San Diego District Attorney charged

[1346]

appellant in count 1 with assault in violation of Penal Code section 245, subdivision (a)(1), in count 2 with willfully and maliciously throwing rocks or other items capable of doing serious bodily harm at a vehicle or its occupants in violation of Vehicle Code section 23110, subdivision (b), in count 3 with unlawfully and maliciously damaging and destroying real and personal property in violation of Penal Code section 594, subdivisions (a) and (b)(1), and in count 4 with throwing a substance at a vehicle or occupant thereof on a highway, a misdemeanor in violation of Vehicle Code section 23110, subdivision (a). He admitted the allegations at an adjudication hearing held on April 3, 2006. On April 24, 2006, pursuant to Welfare and Institutions Code section 790, the court deferred judgment and placed appellant on probation without an order of wardship.

The March 9, 2007, Petition

At approximately 7:00 p.m. on November 12, 2006, one of the owners of the Live Oaks Spring Resort in Boulevard saw appellant and another juvenile leave cabin No. 7 and walk downstairs. The owner asked what they were doing. When they jumped over a fence, the owner drove around trying to find them but was unsuccessful.

People v. Alejandro A.

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BACKGROUND

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DISCUSSION

DISPOSITION

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