In re J.H. CA4/1

Filed 2/18/14 In re J.H. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re J.H., a Person Coming Under the Juvenile Court Law. D064582 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J518687) Plaintiff and Respondent,

v.

MATTHEW A.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kenneth J.

Medel, Judge. Reversed and remanded with directions.

Christopher R. Booth, under appointment by the Court of Appeal, for Defendant and

Appellant.

Thomas E. Montgomery, County Counsel, John E. Philips, Chief Deputy County

Counsel, and Lisa M. Maldonado, Deputy County Counsel, for Plaintiff and Respondent.

In May 2013, the San Diego County Health and Human Services Agency (the Agency)

filed a dependency petition for newborn J.H., alleging her mother, Whitney H., was mentally

ill and had tried to drown J.H. Whitney reported she had Cherokee heritage. At the detention

hearing, the juvenile court appointed a guardian ad litem for Whitney and deferred making a

finding pursuant to the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). In June,

Whitney said she had Indian ancestry through her grandmother, and named the "Lusenia" or