In re Michael K. CA5

Filed 8/2/16 In re Michael K. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MICHAEL K. et al., Persons Coming Under the Juvenile Court Law.

FRESNO COUNTY DEPARTMENT OF F073160 SOCIAL SERVICES, (Super. Ct. Nos. 07CEJ300293-6 & Plaintiff and Respondent, 07CEJ300293-7)

v. OPINION MANUEL K.,

Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Fresno County. Mary Dolas, Judge. Lauren K. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel C. Cederborg, County Counsel, and Brent C. Woodward, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Appellant Manuel K. (father) contends the juvenile court erred in terminating his parental rights at a Welfare and Institutions Code1 section 366.26 hearing because the juvenile court failed to conduct an adequate inquiry into Indian ancestry of his sons, Michael and Gage, failed to provide adequate notice to the tribes, and erred in concluding the Indian Child Welfare Act (ICWA), 25 U.S.C. section 1901 et seq., did not apply. We disagree and affirm. FACTUAL AND PROCEDURAL SUMMARY On October 24, 2014, the Fresno County Department of Social Services (department) filed a section 300 petition on behalf of 17-year-old Manuel and one-year- old Michael.2 The petition alleged the children were at substantial risk due to mother’s history of substance abuse, unstable housing, and continued instability despite receiving family reunification services in 2007. The petition also alleged father and mother exposed the children to ongoing domestic violence. It also was alleged Manuel was at risk because no parent or guardian was willing or able to provide an appropriate plan for his care due to his out-of-control behavior and his mental health needs. On September 26, 2014, the department had received a referral regarding Manuel. Manuel had a diagnosis of psychotic disorder—not otherwise specified and required medication and treatment. Mother did not keep follow-up appointments or ensure he took his medication. Manuel was brought to the children’s crisis unit after he was found masturbating in front of his three younger sisters at his maternal grandmother’s home; had reportedly committed the same act on a prior occasion; and the grandmother indicated she could not