In re K.A. CA5

Filed 7/10/14 In re K.A. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 K.A., et al., Persons Coming Under the Juvenile Court Law.

MADERA COUNTY DEPARTMENT OF F068721 SOCIAL SERVICES, (Super. Ct. Nos. MJP016811 & Plaintiff and Respondent, MJP016812) v. STEVE A., OPINION

Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Madera County. Thomas L. Bender, Judge. Kimball J.P. Sargeant, under appointment by the Court of Appeal, for Defendant and Appellant. Douglas W. Nelson, County Counsel, and Miranda P. Neal, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J., and Detjen, J.

INTRODUCTION Steve A., father, appeals from the juvenile court’s orders pursuant to Welfare and Institutions Code section 366.261 terminating his parental rights to K.A. and E.A.2 Father argues that the Madera County Department of Social Services (department) failed to make a proper inquiry of his children’s Indian ancestry pursuant to the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). Father does not challenge the adequacy of ICWA notices sent based on his own assertion of Indian heritage, but contends notices sent out based on mother’s assertion of Indian heritage were inadequate. The alleged inadequacies of ICWA notice concerning mother occurred prior to the juvenile court’s dispositional orders on May 10, 2012, and neither parent appealed the juvenile court’s finding that the ICWA did not apply to the children. We therefore find our opinion in In re Pedro N. (1995) 35 Cal.App.4th 183, 185, 189 (Pedro N.) dispositive, reject father’s contentions, and affirm the juvenile court’s orders. FACTS AND PROCEEDINGS On January 25, 2012, a petition was filed pursuant to section 300 on behalf of K.A, born in April 2006, and E.A., born in June 2011, alleging that mother and father placed the children at substantial risk of suffering serious physical harm or illness because they left the children alone in a remote location in Madera County, the residence had a leaking roof directly over where the children slept, rodent feces was on the floor of the kitchen and living room, the residence had no heat, there was inadequate food, and