In re A.H. CA3

Filed 6/13/14 In re A.H. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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) ----

In re A.H. et al., Persons Coming Under the Juvenile C074678 Court Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. J05890) AGENCY,

Plaintiff and Respondent,

v.

S.H.,

Defendant and Appellant.

S.H., the father of the minors A.H. and Sa.H., appeals from the juvenile court’s orders terminating parental rights. (Welf. & Inst. Code, §§ 366.26, 395.)1 He contends the San Joaquin County Human Services Agency (HSA) and the juvenile court did not

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

comply with the inquiry requirements of the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). We shall affirm the juvenile court’s orders. BACKGROUND In December 2011 Sa.H. (born January 2007) and A.H. (born February 2006) lived with their half siblings, the minors P.G. (born February 2002) and S.Y. (born May 2011), along with their mother A.R. and her boyfriend S.D.Y.2 On December 29, 2011, mother and S.D.Y. brought Sa.H. into the emergency room for stomach pains. He had multiple bruises and scratches to the abdomen, upper extremities, back, neck, and face. Sa.H. was taken into surgery, where doctors determined he had sustained substantial internal injuries, including a ruptured intestine, half a gallon of bloody fluid in the abdomen, multiple bruises to the intestines, a bruised spleen, and hematomas to the left and right colon. The injuries were caused by numerous hits of some kind to the abdominal area. Mother and S.D.Y. were arrested and jailed on felony child abuse charges. S.D.Y. was also arrested for failing to register as a sex offender. The minors were taken into protective custody, and HSA filed a dependency petition alleging serious physical harm, failure to protect, severe physical abuse, no provision for support, and abuse of a sibling. (§ 300, subds. (a), (b), (e), (g) & (j).) The minors were detained in January 2012. Father was not found in time for the April 2012 jurisdiction/disposition report. He was considered an alleged father. The juvenile court sustained the petition and denied reunification services for mother in August 2012 and for S.D.Y. in September 2012. The juvenile court found father was the presumed father in February 2013.