In re K.B. CA5

Filed 7/18/14 In re K.B. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

STANISLAUS COUNTY COMMUNITY F068764 SERVICES AGENCY, (Super. Ct. Nos. 516803, 516804, 516805) Plaintiff and Respondent, v. OPINION DEANNA B., Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge. Marissa Coffey, 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 Levy, Acting P.J., Cornell, J., and Kane, J.

Deanna B. (mother) appeals from the juvenile court’s dispositional orders terminating its dependency jurisdiction as to her four-year-old daughter K.B., two-year- old daughter, J.B., and 18-month-old son, J.B., Jr. and placing them with their father Joseph B. Mother contends the juvenile court erroneously relied on Welfare and Institutions Code section 361.21 to support its placement order. Mother also contends the juvenile court erred in terminating its jurisdiction without determining whether the Indian Child Welfare Act (ICWA; 25 U.S.C.S. § 1901 et seq.) applied. We affirm, concluding mother forfeited the placement issue and the ICWA does not apply. PROCEDURAL AND FACTUAL SUMMARY In September 2013, the Stanislaus County Community Services Agency (agency) took then four-year-old K.B., two-year-old J.B., and 15-month-old J.B., Jr. into protective custody after one of mother’s guests caused an explosion and fire in her apartment while attempting to make hash oil. The agency placed the children in foster care. Mother identified Joseph B. as the children’s father, which he acknowledged. He said he did not live with mother; however, he had the children at his home for extended visits numerous times and provided financial support. He was aware mother drank alcohol and suspected she used drugs. He said he drank beer on weekends and hard liquor at celebrations. He submitted a “Parental Notification of Indian Status” (ICWA- 020) indicating that he may have Indian ancestry but did not identify a tribe. According to the agency’s records, Joseph and mother were involved in a domestic violence incident in February 2012. Allegedly, Joseph slapped mother, knocking her to the floor, choked her, dragged her to the front door and told her to leave. She picked up K.B. and Joseph locked them out of the house. The agency deemed the