In re Alejandro M. CA5

Filed 12/20/13 In re Alejandro M. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re ALEJANDRO M. et al., Persons Coming Under the Juvenile Court Law.

F067575 MERCED COUNTY HUMAN SERVICES AGENCY, (Super. Ct. Nos. JP000613A, JP000613B, Plaintiff and Respondent, JP000613C & JP000613D) v. VERONICA M., OPINION Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Merced County. John D. Kirihara, Judge. Patricia K. Saucier, under appointment by the Court of Appeal, for Defendant and Appellant. James N. Fincher, County Counsel, and Shari L. Damon, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J., and Poochigian, J.

Veronica M. appeals from the orders terminating her parental rights to her four children, Alejandro, Evelyn, Nevaeh and Ramiro pursuant to Welfare and Institutions Code section 366.26.1 Veronica contends the Merced County Human Services Agency (agency) failed to make a proper inquiry of her children’s Indian ancestry pursuant to the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). We affirm. PROCEDURAL AND FACTUAL SUMMARY In June 2012, the agency took then five-year-old Alejandro, three-year-old Evelyn, two-year-old Nevaeh and 18-month-old Ramiro into protective custody after Veronica and her boyfriend, Ramiro V., Ramiro’s father, were arrested for domestic violence and child endangerment. The agency filed a juvenile dependency petition on the children’s behalf alleging Veronica’s domestic violence and substance abuse and the unhygienic and hazardous condition of the home placed the children at a substantial risk of harm. (§ 300, subd. (b).) The petition listed Ramiro V. as Ramiro’s biological father, Enrique B. as Evelyn and Nevaeh’s alleged father, and Domingo M. as Alejandro’s alleged father. According to Veronica, Enrique and Domingo were living in Mexico. The children were placed in foster care. Veronica and Ramiro V. appeared at the detention hearing and told the juvenile court they were not members of an American Indian tribe. Consequently, the juvenile court found the ICWA did not apply to Ramiro. Veronica stated she did not know if Enrique and Domingo had American Indian heritage. The juvenile court deemed Ramiro V. and Domingo M. to be presumed fathers and ordered the children detained. The court also set the jurisdictional/dispositional hearing for July 2012. Ramiro V. was subsequently deported and the agency was unable to ascertain his whereabouts.