In re Jesus S. CA5

Filed 8/12/15 In re Jesus S. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JESUS S., JR., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070395

Plaintiff and Respondent, (Super. Ct. No. 513133)

v. OPINION JESUS S., JR.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Valli Israels, Judge. Caitlin U. Christian, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Smith, J.

INTRODUCTION Appellant Jesus S., Jr., was the subject of a Welfare and Institutions Code section 6021 petition. The juvenile court found that the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1900 et seq.) did not apply and removed Jesus from his father’s care, delegating to the probation department the selection of an appropriate placement. Jesus contends, and the People concede, the delegation of authority over the selection of an appropriate placement was unauthorized. Jesus also contends the juvenile court failed to comply with ICWA before ordering an out-of-home placement. We agree. FACTUAL AND PROCEDURAL SUMMARY On October 11, 2012, Jesus’s father (father) filed Judicial Council form ICWA-020 stating that he (father) “may have Indian ancestry” and that the tribe was “unk.” The form specifically states that the form is “not intended to constitute a complete inquiry into Indian heritage.” The record does not contain any evidence demonstrating that any further inquiry as to Indian ancestry, or notice to any tribe or the Bureau of Indian Affairs (BIA), was made. On October 18, 2012, after Jesus admitted to committing a misdemeanor burglary in Stanislaus County, his case was transferred to Alameda County. On November 9, 2012, he admitted to committing a felony burglary in Alameda County. The case was then transferred back to Stanislaus County, where Jesus resided, for disposition on both petitions. On December 11, 2012, Jesus was adjudged a ward of the juvenile court pursuant to section 602 and placed on probation. On three occasions (February 2013 and February and June 2014) Jesus admitted to violations of probation and his wardship was continued. His violations included truancy,