In re R.N. CA2/6

Filed 11/25/15 In re R.N. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re R.N., a Person Coming Under the 2d Juv. No. B264625 Juvenile Court Law. (Super. Ct. No. 14JV-000145) (San Luis Obispo County) SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Appellant, v. JOY T., Defendant and Appellant.

Joy T., the biological mother of R.N., appeals from an order terminating her parental rights and freeing 10-month-old R.N. for adoption. (Welf. & Inst. Code, § 1 366.26.) Appellant contends that San Luis Obispo County Department of Social Services failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq) and California ICWA related statutes (§ 224 et seq.). We conclude that proper notice was provided and affirm. Procedural History In 2014 R.N. was removed from appellant's care after he tested positive for amphetamine at birth and was hospitalized for pneumonia. Appellant, age 19, was addicted to methamphetamine and living in a "dope house." On May 2, 2014, San Luis 1 All statutory references are to the Welfare & Institutions Code unless otherwise stated.

Obispo County Department of Social Services (DSS) filed a dependency petition for failure to protect (§ 300, subd. (b)). The petition alleged that appellant and the biological father, Oliver N., suffered serious substance abuse problems and lacked the ability to provide for R.N.'s care. At the June 12, 2014 combined jurisdictional/disposition hearing, the trial court sustained the petition, removed R.N. from appellant's physical custody and ordered reunification services. At the six month review hearing, the trial court terminated reunification services based on appellant's failure to engage in any aspect of the reunification plan. At the conclusion of the hearing, the trial court reviewed the ICWA notices, found that DSS complied with the ICWA notice requirements, and found that ICWA did not apply. Appellant filed a notice of intent to file a petition for extraordinary writ review, but never filed the petition. (Cal. Rules of Court, rule 8.450.) We dismissed the matter as abandoned on March 20, 2015. R.N. is closely bonded to his fost/adopt parents who want to provide R.N. a safe and loving home. The trial found R.N. adoptable and terminated parental rights on May 6, 2015. ICWA Notice ICWA requires that proper notice be given to Indian tribes so the tribes can identify Indian children from tribal records and participate in the dependency 2 proceeding. (In re K.M. (2009) 172 Cal.App.4th 115, 118-119.) Under California law, the juvenile court and child welfare agency "have an affirmative and continuing duty to inquire whether a child . . . is or may be an Indian child in all dependency proceedings. . . ." (§ 224.3, subd. (a).)