In re Riley T. CA2/7

Filed 5/7/14 In re Riley T. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re RILEY T., a Person Coming Under B249550 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK97518)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

K.F.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Marguerite Downing, Juvenile Court Referee. Affirmed. Judy Weissberg-Ortiz, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Deputy County Counsel, for Plaintiff and Respondent. __________________________

Appellant K.F. (Mother) and W.T. (Father) have a son, Riley T. (born September 2012). Mother appeals following the court’s jurisdictional findings pursuant to Welfare and Institutions Code section 300, subdivision (b)1 and orders placing Riley in her care under the supervision of the Department of Children and Family Services (Department), and directing her to participate in family maintenance services. Mother contends the court erred in failing to give proper notice in compliance with the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq., hereinafter ICWA) and in failing to make a proper ICWA inquiry. FACTUAL & PROCEDURAL BACKGROUND In January 2013, when Riley was 4 months old, the Department received a referral that parents had a history of domestic violence and that Father had slapped Riley in the face, causing him to sustain a bruise. When the social worker visited Mother’s home, Mother reluctantly explained that Father sometimes stayed with her but did not live there. She had left Riley in Father’s care while she went out in the evening. When she saw the bruise the next morning, Father could not explain it. Mother said she did not call the police or the Department because she had been in foster care and was afraid Riley would be taken away from her. Father admitted to the social worker he had been drinking alcohol, blacked out, and did not remember hitting the child, although he remembered feeling overwhelmed because Riley was crying and Mother was not home. He admitted he had a criminal record, was presently homeless and that he had anger issues and an alcohol problem. Mother was cooperative with the social worker and stated she removed Father from her home, and submitted to a drug test. Riley was left in her care with Department supervision. Mother later admitted using marijuana. Mother tested positive on February 20, 2013, on March 21, 2013, and did not show up for another test in March 2013.