In re Gianna I. CA4/1

Filed 11/25/15 In re Gianna I. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re GIANNA I. et al., Persons Coming Under the Juvenile Court Law. D068548 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. J518441B-D) Plaintiff and Respondent,

v.

E.C.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Edlene C.

McKenzie, Judge. Reversed and remanded with directions.

Lelah S. Fisher, under appointment by the Court of Appeal, for Defendant and

Appellant.

Thomas E. Montgomery, County Counsel, John E. Philips, Chief Deputy County

Counsel, and Daniela Davidian, Deputy County Counsel, for Plaintiff and Respondent.

Presumed father E.C. appeals the termination of his parental rights to children

Gianna I., G.I.C. and G.M.C. (together, the children). E.C. contends judgment must be

reversed and the case remanded to ensure proper notice pursuant to the Indian Child

Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). Plaintiff San Diego County Health and

Human Services Agency (the Agency) properly concedes the point.

In June 2012, the Agency filed dependency petitions for Gianna and G.I.C. Their

mother, Michelle I., said she had Chumash Indian ancestry. In July, the Agency sent