In re C.K. CA2/6

Filed 7/14/14 In re C.K. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re C.K. et al., Persons Coming Under the 2d Juv. No. B252264 Juvenile Court Law. (Super. Ct. Nos. J1396131, J1436416) (Santa Barbara County)

SANTA BARBARA COUNTY CHILD WELFARE SERVICES,

Plaintiff and Respondent,

v.

A.A.,

Defendant and Appellant.

A.A. appeals orders (judgments) of the juvenile court terminating her parental rights to her children, C.K. and S.S. (Welf. & Inst. Code, § 366.26.)1 We conclude, among other things, that the Santa Barbara County Child Welfare Services (CWS) gave proper notice to A.A.'s tribe consistent with the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.), and the trial court did not err by finding ICWA did not apply. We affirm.

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

FACTS A.A. is the mother of two young children, C.K. and S.S. On October 29, 2012, CWS filed a juvenile dependency petition (§ 300) alleging that A.A. had "an untreated substance abuse problem that affects her ability to provide adequate care to [C.K.]." CWS alleged that on October 25, 2012, A.A. was "arrested for being under the influence of methamphetamine," and that she had a "criminal history" of committing burglary, conspiracy, and using or possessing a controlled substance which placed the child at risk for abuse and neglect. CWS filed a second juvenile dependency petition (§ 300) alleging that S.S. was at risk for abuse because of A.A.'s substance abuse, sexual abuse by the child's father, and A.A.'s inability to protect the child. The children were removed from the home and declared dependents of the juvenile court. On June 6, 2013, CWS requested termination of family reunification services. It said A.A. "was not appropriately participating in her drug treatment program." The trial court terminated reunification services and set a section 366.26 hearing. On October 31, 2013, the trial court terminated A.A.'s parental rights to the children. ICWA In the jurisdiction/disposition report, CWS said the children's father denied having "any Native American Ancestry." A.A. said that "her father is an enrolled member of the Turtle Mountain Band of Chippewa Indians Belcourt, North Dakota." CWS introduced a photocopy of the tribal enrollment card of A.A.'s father showing his membership in that tribe. It reflected that he had the required one-fourth degree of Indian blood for membership. CWS sent an ICWA notice to that tribe notifying it of the pendency of these proceedings.