In re Craig C. CA2/4

Filed 11/22/13 In re Craig C. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re CRAIG C., B246686 (Los Angeles County a Person Coming Under the Juvenile Court Law. Super. Ct. No. CK83771)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

S.C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court for Los Angeles County, Elizabeth Kim, Referee. Affirmed and remanded. Patti L. Dikes, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent.

In this juvenile dependency case, S.C. (mother) appeals from the juvenile court’s order denying her Welfare and Institutions Code1 section 388 petition seeking to change an order providing mother with enhancement services only with respect to her son, Craig C., Jr. (Craig). Mother contends that the juvenile court abused its discretion in denying her petition, and that it failed to comply with the Indian Child Welfare Act (ICWA). We find no abuse of discretion but, as the Los Angeles County Department of Children and Family Services (the Department) concedes, the juvenile court did not comply with ICWA. Accordingly, we affirm the order denying the petition and direct the juvenile court, upon remand, to make a determination regarding whether ICWA applies based upon an appropriate investigation by the Department and notice, if necessary, to the relevant tribe and/or the Bureau of Indian Affairs.

BACKGROUND Craig originally came to the attention of the Department in April 2009, when he was two and a half years old. It was reported that mother left Craig unsupervised multiple times, drove with Craig in the car without a car seat, and hit and cursed at Craig. The allegations were closed as inconclusive because mother failed to make herself available to the Department for further investigation. Six months later, mother called in a referral herself, saying that she could no longer care for and supervise her son. A voluntary family maintenance (VFM) case was opened, and mother received nine months of VFM services. In August 2010, a month after the VFM services ended, the Department received another referral alleging general neglect after mother left Craig alone and unsupervised at the transitional housing facility where she was staying. Craig was