In Re Ne

73 Cal.Rptr.3d 123 (2008) 160 Cal.App.4th 766 In re N.E., a Person Coming Under the Juvenile Court Law.

Orange County Social Services Agency, Plaintiff and Respondent,

v.

Andre E., Defendant and Appellant.

No. G039168. Court of Appeal of California, Fourth District, Division Three.

February 29, 2008. Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant.

Benjamin P. de Mayo, County Counsel, and Karen L. Christensen, Deputy County Counsel, for Plaintiff and Respondent.

No appearance for the Minor.

OPINION

O'LEARY, J.

Andre E. appeals from the order terminating parental rights to his daughter, N.E. He contends the order must be reversed because the juvenile court and the Orange County Social Services (SSA) failed to inquire of him whether N.E. is or may be an Indian child within the meaning of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). We find no merit to his contention and affirm the order.

FACTS

N.E. was taken into protective custody at the age of three due to her mother's failure to protect her. Mother had a history of substance abuse, an extensive criminal [124] history, and had periods of incarceration during which she could not care for the child. At the time of detention, mother was married to another man,[1] but Andre was identified by mother as N.E.'s biological father and his whereabouts were unknown. Andre too had a history of substance abuse, arrests, and convictions including violent felonies.

Mother was present at the detention hearing on September 27, 2006. She advised the juvenile court she might have Seminole Indian heritage. The court found ICWA might apply and ordered SSA to investigate. Mother advised the juvenile court Andre was currently incarcerated at the Camp Verde Detention Center in Arizona.