In re G.S. CA4/3

Filed 3/4/16 In re G.S. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re G.S., a Person Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, G052527 Plaintiff and Respondent, (Super. Ct. No. DP025438) v. OPINION ANGELA F.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Dennis J. Keough, Judge. Affirmed. Brent Riggs, under appointment by the Court of Appeal, for Defendant and Appellant. Leon J. Page, County Counsel, Karen L. Christensen and Jeannie Su, Deputy County Counsel, for Plaintiff and Respondent. * * *

Angela F. (mother) appeals from the juvenile court’s termination of her parental rights (Welf. & Inst. Code, § 366.26; all statutory citations are to this code) to her son, G.S. (born in September 2010). She contends the juvenile court failed to comply with the Indian Child Welfare Act (ICWA) (25 U.S.C. §§ 1901 et seq.), as implemented by California law (see § 224.3; Cal. Rules of Court, rules 5.480(l), 5.481(a)), by asking alleged father Brian S. whether he had American Indian heritage. Any error was harmless, and we therefore affirm the judgment.

I FACTUAL AND PROCEDURAL BACKGROUND In September 2014, the Orange County Social Services Agency (SSA) filed a juvenile court petition (§ 300, subds. (b) &, (j)) alleging four-year old G.S. had suffered or was at substantial risk of suffering serious physical harm or illness. Specifically, the petition alleged mother, who had a lengthy history of criminal behavior and drug abuse, left G.S. with an unrelated and unsuitable caregiver at 4:00 a.m. “to find a job,” and that person left the child with another individual who was arrested later that morning. The petition also alleged mother had neglected to meet G.S.’s basic needs concerning food, hygiene, and dental care. The court previously had terminated parental rights to four of G.S.’s half siblings. The petition alleged G.S. had no known Indian ancestry. In November 2014, the juvenile court sustained the petition. At the disposition hearing in January 2015, the court removed G.S. from parental custody, bypassed reunification services, and scheduled a section 366.26 hearing. At the July 29, 2015, section 366.26 hearing, the court terminated parental rights. Mother appeals.