In re Ashton B. CA2/6

Filed 2/22/16 In re Ashton B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 the Matter of ASHTON B. et al., 2d Civil No. B264160 (Super. Ct. No. JV51513) Minors. (San Luis Obispo County)

SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. DANIEL B. and B.B., Defendant and Appellant.

Daniel B., the presumed father of Ashton B., appeals from the May 7, 2015 order terminating his parental rights and freeing three-year-old Ashton for adoption. (Welf. & Inst. Code, § 366.26.)1 Daniel contends that San Luis Obispo County Department of Social Services (DSS) failed to comply with the inquiry and 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 affirm. B.B., the biological mother of Ashton and Ashton's half-siblings, Nathan P. (age 12), Tristan P. (age 11), Grayson P. (age nine), S.P. (age seven), Jayden P. (age five), appeals from the order terminating her parental rights as to Ashton, Jayden,

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

Nathan, and S.2 (Welf. & Inst. Code, § 366.26.) Pursuant to In re Phoenix H. (2009) 47 Cal.4th 835, 844-846, we dismiss mother's appeal. Factual and Procedural History Mother has a long history of domestic violence and substance/alcohol abuse that has jeopardized the safety and well being of Ashton and her half-siblings.3 On March 18, 2013, DSS filed a petition for failure to protect (§ 300, subd. (b)) and serious emotional damage (§ 300, subd. (c)). At the combined jurisdictional/disposition hearing, mother admitted that Daniel beat her in front of the children and threatened to kill her and the children. On one occasion, Daniel, while drunk and under the influence of cocaine, beat mother for three hours in front of Jayden. Mother reunited with Daniel after he was released from jail, only to be beaten again. At the March 19, 2013 detention hearing, Daniel stated that he may have ancestry with the Cherokee or Shoshone tribes. DSS mailed ICWA-030 notices to the tribes, the Bureau of Indian Affairs, and U.S. Department of Interior listing the familial information that it had. On November 14, 2013, the trial court found that ICWA did not apply. (Cal. Rules of Ct., rule 5.482(d).) The trial court sustained the petition, removed the children, and ordered reunification services. At the 6-month and 12-month review hearings, DSS reported that mother was not following through with services or addressing the children's behavioral issues. Mother was disengaged at visits and had relapsed twice and consumed alcohol in the presence of the children. In 2014, the children were placed back in the home but conditions quickly deteriorated. On April 18, 2014, DSS filed a section 387 supplemental petition to remove the children after mother left Nathan and Tristan in Daniel's care in violation of a no- contact order. The trial court ordered mother to have no contact with Daniel and warned that violation of the order would result in the immediate termination of services. DSS