In re M.H. CA2/6

Filed 1/27/16 In re M.H. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re M.H., a Person Coming Under the 2d Juv. No. B259418 Juvenile Court Law. (Super. Ct. No. J069905) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

SARAH H.,

Defendant and Appellant.

Sarah H. (mother) appeals from a juvenile court judgment entered at a contested jurisdictional/dispositional hearing in a dependency proceeding. (Welf. & Inst. Code, § 300.)1 The court declared mother's then six-month-old child, M.H. (daughter), a dependent of the juvenile court, removed her from mother's custody, and denied mother family reunification services. Mother contends: (1) she did not knowingly and intelligently waive her right to counsel because the court failed to adequately advise her of the dangers of self-representation, (2) the court violated a rule requiring that a

1 All statutory references are to the Welfare and Institutions Code unless otherwise stated.

self-represented parent in a dependency case be advised at each hearing of his or her right to counsel, and (3) notice was not given as required by the Indian Child Welfare Act (ICWA). We affirm. Facts The juvenile court found true the following allegations in the juvenile dependency petition: Mother has a history of drug and alcohol abuse as well as "ongoing unmanaged mental health conditions which significantly impede her ability to provide care and support for [daughter]." Mother has six other children who were previously declared dependents of the juvenile court. As to five of the children, mother was unsuccessfully offered family reunification services. The services were terminated, and mother's parental rights to one child were terminated. As to the sixth child, family reunification services were bypassed and mother's parental rights were terminated in August 2013. The court also found true an allegation that, while in mother's care in September 2010, daughter's three-year-old cousin "suffered severe non-accidental injuries," including "bruising and abrasions to the child's body and face, a fractured right humerus [the long bone in the upper arm], abrasions on the child's nose, severe and deep abrasions on the child's arms consistent with wrist-binding, bald patches on the child's head, swollen and red feet, and bruising on the child's penis." Mother "used cruel forms of punishment on the . . . cousin . . . , including leaving the child in the bathroom for excessive periods of time while strapped in his car seat . . . ." For her acts mother was convicted of felony child endangerment (Pen. Code, § 273a, subd. (a)) and was incarcerated. The court told mother that "for a lot reasons" her decision to represent herself was "not a particularly good idea based on the seriousness of these types of cases and the consequences." The court continued: "I don't know if you have a legal background. But you understand the Court's concerns; correct?" Mother responded, "Yes, I do." She stated that she still wanted to represent herself. The court granted mother's request. It said that she "has made it clear . . . she wishes to represent herself." Mother declared that she had filed a motion "to change the venue and 2