In Re EG

170 Cal.App.4th 1530 (2009) In re E.G., a Person Coming Under the Juvenile Court Law.

SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, Plaintiff and Respondent,

v.

JULIE G., Defendant and Appellant.

No. C059277. Court of Appeals of California, Third District.

February 10, 2009. [1531] Mario de Solenni, under appointment by the Court of Appeal, for Defendant and Appellant.

Robert A. Ryan, Jr., County Counsel, and Maureen M. O'Connor, Deputy County Counsel, for Plaintiff and Respondent.

[1532] OPINION

SCOTLAND, P. J.—

Julie G. (appellant), mother of E.G. (the minor), appeals from juvenile court orders terminating appellant's parental rights. (Welf. & Inst. Code, §§ 366.26, 395; further section references are to the Welfare and Institutions Code unless otherwise specified.) She claims reversal is required because there was a failure to give Indian Child Welfare Act of 1978 (ICWA) notice to all identified tribes. (25 U.S.C. § 1901 et seq.) We shall affirm the orders.

(1) As we will explain, until biological parentage is established, an alleged father's claim of Indian heritage does not trigger the requirement of ICWA notice because, absent a biological connection, the minor cannot claim Indian heritage through the alleged father. Here, a paternity test established that the alleged father was not the biological father of the minor. Therefore, ICWA notice was not required.

FACTS

The newborn minor was detained in March 2007 due to appellant's substance abuse problem, exemplified by positive drug tests for both appellant and the minor when the minor was born and by appellant's admission of recent drug use. The detention report identified two alleged fathers, A.J. and C.H., for the minor.