In re Jacob K. CA5

Filed 6/10/14 In re Jacob K. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re JACOB K., a Person Coming Under the Juvenile Court Law.

STANISLAUS COUNTY COMMUNITY F068498 SERVICES AGENCY, (Super. Ct. No. 516418) Plaintiff and Respondent,

v. OPINION JESSICA K.,

Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge. Elaine Forrester, under appointment by the Court of Appeal, for Defendant and Appellant. John P. Doering, County Counsel and Carrie M. Stephens, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

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

Jessica K. (mother) appeals from the juvenile court’s order terminating her parental rights to her 20-month-old son, Jacob K., under Welfare and Institutions Code section 366.26.1 Mother contends that the Stanislaus County Community Services Agency (agency) failed to obtain sufficient information to comply with the notice requirements of the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). We reject mother’s contention and affirm the juvenile court’s order. PROCEDURAL AND FACTUAL SUMMARY In September 2012, the agency took newborn Jacob into protective custody after he and mother tested positive for methamphetamine and marijuana. Mother and Jacob’s father, Craig, have a history of methamphetamine use and homelessness, and mother failed to reunify with her two older children. At the time of Jacob’s birth, Craig was serving a jail sentence for narcotics possession. The agency filed a dependency petition on Jacob’s behalf and placed him in a foster home. Mother and Craig appeared at the detention hearing and mother submitted the “Parental Notification of Indian Status” (ICWA-020), stating she may have Indian ancestry through the Cherokee tribe. She did not, however, identify any known relatives or lineal ancestors claiming membership in the Cherokee tribe. Craig also completed an ICWA-020 stating he did not have Indian ancestry. The juvenile court ordered Jacob detained, ordered the agency to provide notice pursuant to the ICWA and set a combined jurisdictional/dispositional hearing (combined hearing). On October 1, 2012, the agency mailed the “Notice of Child Custody Proceeding For Indian Child” (ICWA-030) to the Cherokee Nation of Oklahoma, United Keetoowah Band of Cherokee, Eastern Band of Cherokee Indians, the Department of the Interior and