In re F.T. CA5

Filed 3/1/16 In re F.T. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re F.T., a Person Coming Under the Juvenile Court Law.

STANISLAUS COUNTY COMMUNITY F072329 SERVICES AGENCY, (Super. Ct. No. 516454) Plaintiff and Respondent,

v. OPINION STEPHANIE H.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Ann Q. Ameral, Judge. Roshni Mehta, under appointment by the Court of Appeal, for Defendant and Appellant. John P. Doering, County Counsel, and Carrie Stephens, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Poochigian, J.

INTRODUCTION Appellant Stephanie H. (mother) appeals from the Welfare and Institutions Code1 section 366.26 order terminating her parental rights to her daughter, F.T., born in September 2011. Mother’s sole claim is that the juvenile court erred when it found that the Indian Child Welfare Act (25 U.S.C. §§ 1901 et seq. (ICWA)) did not apply because the finding was not supported by adequate inquiry or notice on the part of the juvenile court and the Stanislaus County Community Services Agency (department). Mother did not appeal from the order finding ICWA inapplicable and asks this court to reconsider its holding in In re Pedro N. (1995) 35 Cal.App.4th 183 (Pedro N.). We decline to do so and affirm. FACTS AND PROCEDURAL HISTORY Since mother does not challenge the juvenile court’s jurisdictional finding, dispositional ruling, or findings supporting its decision to select adoption as the permanent plan and terminate parental rights, a detailed summary of the evidence supporting these rulings is unnecessary. The department detained F.T. in October 2012 after she was brought to the emergency room for unexplained injuries, including a near drowning, bruises, and lacerations, for the fifth time in a period of four months. The department petitioned on October 26, 2012, pursuant to section 300 to have F.T. declared a dependent of the juvenile court. The petition filed by the department included a completed Indian Child Inquiry Attachment form (ICWA-010(A)) which contained a mark in the box next to the statement, “The child may have Indian ancestry.” Mother completed a Parental Notification of Indian Status form (ICWA-020) stating she may have Cherokee and