In re Josiah M. CA5

Filed 7/14/16 In re Josiah M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JOSIAH M., a Person Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF HUMAN F073016 SERVICES, (Super. Ct. No. JD133673-00) Plaintiff and Respondent,

v. OPINION ASIA B.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Louie L. Vega, Judge. Shayla Padgett-Weibel, under appointment by the Court of Appeal, for Defendant and Appellant. Theresa A. Goldner, County Counsel, and Jennifer E. Feige, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

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

Appellant Asia B. (mother) appeals from the juvenile court’s order terminating her parental rights as to her 20-month-old son, Josiah. (Welf. & Inst. Code, § 366.26.)1 Josiah’s father, Joseph M., is not a party to the appeal. Mother contends the Kern County Department of Human Services (the Department) failed to investigate her Native American heritage and comply with the notice requirements as required by the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.). The Department does not dispute that it violated ICWA’s inquiry and notice requirements. We conditionally reverse the order terminating parental rights and direct the juvenile court to ensure compliance with ICWA’s inquiry and notice requirements. PROCEDURAL AND FACTUAL SUMMARY In October 2014, the department received a report that mother gave birth to Josiah. At that time, mother had been participating in family reunification services since April 2014 as part of an ongoing dependency case as to her three older children. She was also receiving inpatient substance abuse counseling and testing negative for drugs. In addition, she and Josiah screened negative for drugs at the time of his birth. Nevertheless, the department considered Josiah at risk because of mother’s history of substance abuse and neglect and filed a dependency petition asking the juvenile court to assume jurisdiction but not detain him. On November 4, 2014, the juvenile court conducted the initial hearing on the petition. The court conducted a paternity inquiry and declared Joseph M. (father) to be Josiah’s presumed father. The court scheduled a hearing on jurisdiction and disposition for December 9, 2014. The court did not inquire whether mother or father had Native American ancestry. However, mother and father completed a form Parental Notification of Indian Status (ICWA-020). Father checked the block indicating that he did not have