Michael M. v. Superior Court CA3

Filed 3/17/14 Michael M. v. Superior Court CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

MICHAEL M., C075435

Petitioner, (Super. Ct. No. J06046)

v.

THE SUPERIOR COURT OF SAN JOAQUIN COUNTY,

Respondent;

SAN JOAQUIN COUNTY HUMAN SERVICES AGENCY et al.,

Real Parties in Interest.

Petitioner Michael M., father of the minor J. M., seeks an extraordinary writ (Cal. Rules of Court,1 rule 8.452) to vacate the order of the juvenile court made at the six- month review hearing terminating his reunification services and setting a Welfare and

1 References to rules are to the California Rules of Court. 1

Institutions Code2 section 366.26 hearing. Finding merit in two of petitioner’s contentions, we grant the petition in part. FACTS The petition raises issues of noncompliance with the notice provisions of the Indian Child Welfare Act (ICWA). The underlying facts of the dependency are not at issue and may be briefly stated. J. M. was born in May 2012 and his mother, who is developmentally delayed, was unable to care for him. In June 2012, the Human Services Agency of San Joaquin County (agency) developed a safety plan that required petitioner to be J. M.’s primary caretaker. At a team decision meeting in July 2012, petitioner and his sister claimed Blackfeet and Cherokee heritage. The next day petitioner, who was on probation and parole, failed to participate in drug testing and was remanded into custody. The agency obtained a protective custody order for J. M. On July 20, 2012, the agency filed a petition alleging that J. M. came within juvenile court jurisdiction pursuant to section 300, subdivisions (b) (failure to protect) and (g) (no provision for support). On July 23, 2012, J. M. was ordered detained. That same day petitioner signed a parental notification of Indian status (form ICWA-020) claiming Blackfeet and Cherokee heritage. In September 2012, the agency filed a jurisdiction report stating that father and the paternal aunt had indicated Blackfeet and Cherokee heritage. Following a contested hearing in October 2012, the juvenile court took jurisdiction of J. M. On June 4, 2013, the agency sent notice of child custody proceeding for Indian child (form ICWA-030) to the Blackfeet tribe, the three Cherokee tribes, and the Bureau