In re Carla H. CA4/3

Filed 2/24/14 In re Carla H. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re CARLA H., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G048744 Plaintiff and Respondent, (Super. Ct. No. DP023244) v. OPINION JEFFREY H.,

Defendant and Appellant.

Appeal from orders of the Superior Court of Orange County, Deborah C. Servino, Judge. Dismissed as moot. Motion to take additional evidence. Granted. Motion to augment record on appeal. Granted. Motion to dismiss. Granted. Pamela Rae Tripp, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, and Karen L. Christensen, Deputy County Counsel, for Plaintiff and Respondent. No appearance for Minor. * * *

INTRODUCTION Initially, notice to the relevant Native American tribes was not provided in this case under the dictates of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.), and the child’s father appeals from the orders entered at the selection and implementation hearing on that ground. After this appeal was filed, however, the Orange County Social Services Agency (SSA) reinitiated the process of providing ICWA notice. The relevant Native American tribes have now advised SSA that the child involved in this dependency proceeding is not an Indian child for purposes of ICWA. The juvenile court’s finding that ICWA does not apply in this case is supported by substantial evidence. The appeal must be dismissed as moot. STATEMENT OF FACTS AND PROCEDURAL HISTORY Carla H., then six years old, was taken into protective custody after she was found with her parents in a park. The family had been living on the streets, in various hotels, and in a tent along a freeway. Carla was placed with a foster family. At the first jurisdictional hearing, Carla’s father, Jeffrey H. (father), stated on the parental notification of Indian status form that “[o]ne or more of my parents, grandparents, or other lineal ancestors is or was a member of a federally recognized tribe.” Father stated that the tribe with which his family was affiliated was the Cherokee, and he provided the juvenile court with his mother’s name and birthdate. The court inquired of father as follows: “The Court: Mr. H[.], it says here that you believe that you maybe have some Cherokee Native American heritage. Is that correct? “The father: Yes, I do. “The Court: And you believe that that’s from your mother? “The father: Yes. “The Court: Okay. And do you know if she was a member on the rol[l]s of any tribes?