In re J.C. CA2/8

Filed 8/22/14 In re J.C. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re J.C., a Person Coming Under the B253599 Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK91384) FAMILY SERVICES,

Plaintiff and Respondent,

v.

APRIL P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Annabelle Cortez, Judge. Conditionally reversed and remanded.

Christy C. Peterson, under appointment by the Court of Appeal, for Appellant.

John F. Krattli, County Counsel, Dawyn R. Harrison, Assistant County Counsel, and Melinda A. Green, Deputy County Counsel.

________________

April P. (Mother) appeals from the order terminating her parental rights to her son, J.C., and implementing a permanent plan of adoption. Mother’s sole contention on appeal is that respondent Department of Children and Family Services (DCFS) failed to comply with notice requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA). We reverse and remand with instructions.

FACTUAL AND PROCEDURAL BACKGROUND

The issue on appeal makes a detailed recitation of the facts unnecessary. It is sufficient to observe that J.C. was 18 months old when a general neglect referral led to his detention in January 2012. As sustained on April 16, 2012, an amended section 300 petition alleged mother left J.C. with maternal great-grandmother for extended periods without making an appropriate plan for his ongoing care (paragraph b-1) and mother had an unresolved history of drug abuse (paragraph b-3).1 J.C. was eventually placed with a paternal great-aunt. By April 2013, mother had not complied with any aspect of the case plan and the paternal great-aunt wanted to adopt J.C. Mother’s reunification services were terminated and a section 366.26 permanent plan selection hearing (.26 hearing) was scheduled for July 2013. Following a number of continuances, the .26 hearing occurred on December 27, 2013.2 The juvenile court terminated parental rights and selected adoption as the permanent placement plan. Mother timely appealed.