In re A.G. CA6

Filed 9/25/15 In re A.G. CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re A.G., a Person Coming Under the H042249 Juvenile Court Law. (Santa Clara County Super. Ct. No. JD22984)

SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN’S SERVICES,

Plaintiff and Respondent,

v.

J.G.,

Defendant and Appellant.

A.G. was declared a dependent child of the juvenile court under Welfare and Institutions Code section 300 and reunification services were ordered for both parents. J.G., the father of A.G., appeals from the juvenile court’s subsequent order finding that the Indian Child Welfare Act (ICWA) did not apply. We affirm the order.

I. Procedural and Factual Background A.G. and her half sibling T.M.1 were removed from their home in November 2014 when A.G. was almost two years old. The Santa Clara County Department of Family and Children’s Services (Department) filed a first amended petition, which alleged that there was a substantial risk that A.G. would suffer serious physical harm due to her mother’s substance abuse and mental health issues. As to J.G., it was alleged that he had perpetuated domestic violence against the mother in the children’s presence, and thus there was a restraining order protecting the mother and the children in effect until May 2018. It was also alleged that J.G. had been convicted of willful cruelty to a child in 2014 and was on probation. During an interview with the social worker, J.G. said that he was of Cherokee descent. J.G. also filed a form entitled “Parental Notification of Indian Status,” which stated that A.G. was or might be a member of a Cherokee tribe. At the initial hearing in November 2014, the juvenile court found that the ICWA might apply and notice to the tribes was required. The following month, the Department filed an ICWA-030 form entitled “Notice of Child Custody Proceeding for Indian Child.” The Department had sent these notices to the Secretary of the Interior, the Bureau of Indian Affairs (BIA), the Cherokee Nation of Oklahoma, the Eastern Band of Cherokee Indians, and the United Keetoowah Band of Cherokee. The notices included the following: (1) father’s name, current address, date of birth, and place of birth; (2) paternal grandmother’s name, date of birth, and current address; (3) paternal grandfather’s name, current address (city and state), and place of birth (country); (4) no information was available for the paternal great-grandmother; and (5) name of paternal great-grandfather and his place of birth (city and state only). The tribe listed for the father, paternal grandfather, and paternal great-grandfather was