In re K.N. CA2/2

Filed 4/20/16 In re K.N. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re K.N., a Person Coming Under the B264242 Juvenile Court Law. (Los Angeles County Super. Ct. No. DK09397) LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent.

v.

MICHAEL S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Connie R. Quinones, Judge. Affirmed and remanded with directions.

Jesse McGowan, under appointment by the Court of Appeal, for Defendant and Appellant.

Mary C. Wickham, County Counsel, and Julia Roberson, Assistant County Counsel for Plaintiff and Respondent.

Appellant Michael S. (father), the presumed father of K.N. (born Nov. 2014), appeals from the juvenile court’s findings and orders establishing jurisdiction over K.N. and removing him from father’s custody. Father’s sole contention on appeal is that the order must be reversed for failure to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA). The Los Angeles Department of Children and Family Services (the Department) concedes that the matter should be remanded to the juvenile court for compliance with ICWA. We remand the matter to the juvenile court to allow compliance with the ICWA notice requirements, and otherwise affirm the juvenile court’s jurisdictional findings and dispositional orders. BACKGROUND On February 3, 2015, the Department filed a petition under Welfare and Institutions Code section 3001 on behalf of K.N. alleging that father had a criminal history involving domestic violence, that father and K.N.’s mother2 had a history of engaging in violent altercations, and that father had choked mother on two prior occasions. The petition further alleged that father had a history of illicit drug use and was a current user of Phencyclidine, rendering him incapable of providing regular care and supervision of K.N., and that father had been under the influence of drugs while K.N. was in his care. The Department’s detention report stated that ICWA did not apply, and an ICWA- 010 form attached to the petition stated that K.N. had no known Indian ancestry. At the February 3, 2015 detention hearing, father and mother submitted ICWA-020 forms indicating they did not have Indian ancestry. During the hearing, the juvenile court asked both parents on the record about their Indian ancestry. Mother denied any Indian heritage, but father responded, “I have ancestry; I am just not registered.” The juvenile court then found that ICWA did not apply and ordered K.N. detained from both parents.