In re J.T. CA4/3

Filed 12/12/14 In re J.T. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

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

ORANGE COUNTY SOCIAL SERVICES AGENCY, G050282 Plaintiff and Respondent, (Super. Ct. No. DP024018) v. OPINION K.K.,

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Caryl Lee, Judge. Affirmed. Request for judicial notice or to take additional evidence. Denied. Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant. Nicholas S. Chrisos, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. No appearance for Minor. * * *

I. Introduction K.K. (Mother) is the mother of J.T, who was taken into protective custody in July 2013 at the age of eight. Mother appeals from the juvenile court’s order under 1 Welfare and Institutions Code section 366.26 terminating parental rights to J.T. Mother argues the order terminating parental rights must be reversed because the juvenile court failed to comply with the Indian Child Welfare Act of 1978, 25 United States Code section 1901 et seq. (ICWA) with respect to J.T.’s father, D.T. (Father). There is no dispute the juvenile court complied with ICWA as to Mother. Father has not appealed. We affirm. We conclude any failure to comply with ICWA was harmless because substantial evidence supported a finding that Father denied any Indian ancestry.

II. Facts and Procedural History Because the appeal is limited to the issue of ICWA compliance as to Father, we present an abridged statement of facts and procedural history. In July 2013, police officers took eight-year-old J.T. into protective custody after Mother reported she had been assaulted. The officers observed that Mother was mentally disturbed or under the influence of drugs. The officers learned that Mother had physically abused J.T. three days earlier. Mother was arrested for child cruelty. J.T., who had been living at various motels with Mother, had bug bites on his neck and arms. He was placed with his maternal grandparents, with whom he remains. On the day after J.T. was placed in protective custody, a social worker from the Orange County Social Services Agency (SSA) interviewed Mother. During the interview, Mother denied having any American Indian ancestry. The detention report, dated July 24, 2013, states: “The [ICWA] does not apply. On July 22, 2013 the mother