In re A.G. CA3

Filed 10/27/15 In re A.G. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

In re A.G., a Person Coming Under the Juvenile Court C078213 Law.

YOLO COUNTY DEPARTMENT OF (Super. Ct. No. JVSQ14381) EMPLOYMENT AND SOCIAL SERVICES,

Plaintiff and Respondent,

v.

AMBER G.,

Defendant and Appellant.

Amber G., mother of the minor, appeals from the judgment of disposition. (Welf. & Inst. Code, § 395.)1 Mother, conceding substantial evidence supports the c-1 allegation of the petition, contends there was insufficient evidence to support the b-1

1 Further undesignated statutory references are to the Welfare and Institutions Code.

1

allegation. She argues she can raise this issue because a true finding on the b-1 allegation will have a negative impact on her ability to reunify with the minor in the circumstances of this case. Mother further contends the notice pursuant to the Indian Child Welfare Act (25 U.S.C. §§ 1901 et seq.; hereafter ICWA) contained insufficient information for the tribes to determine whether the minor was eligible for membership in the tribe. Respondent concedes the ICWA notice was deficient. We shall reverse and remand for the limited purpose of complying with the notice requirements of ICWA and state law. FACTS The 12-year-old minor, A.G., was removed from mother’s custody in September 2014 based on a petition which alleged, in paragraph b-1, that mother failed to protect the minor by allowing one contact between the minor and her 16-year-old half sibling, D.G., after the minor alleged, in July 2014, that she was inappropriately touched by D.G. six years earlier. The petition further alleged, in paragraph c-1, that mother failed to demonstrate protective capacities and lacked the parenting skills required to meet the significant mental health needs of the minor as demonstrated by the minor’s hospitalization after a suicide attempt in September 2014 and the minor’s diagnosis of recurrent and severe major depressive disorder and parent-child relational problems. The detention report stated that on July 31, 2014, the minor told the social worker that her half brother, D.G., last touched her inappropriately a “ ‘couple months ago.’ ” The minor told mother but mother did not believe her. The minor did not feel safe in the home and was allowed to stay with her grandmother’s neighbor. Mother insisted the minor was lying. The social worker requested that mother not allow contact between the minor and D.G. until after the Multi-Disciplinary Interview Center (MDIC) forensic interview for sexual abuse. Mother agreed to the request. At the MDIC interview in September 2014, the minor recanted her allegations and explained the touching was accidental. The minor disclosed that she had contacts with D.G. prior to the MDIC interview and that her grandmother was mad at her and had told her she could “ ‘ruin’ ”