In re Maddison R. CA2/6

Filed 8/18/16 In re Maddison R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re MADDISON R., a Person Coming 2d Juv. No. B270257 Under the Juvenile Court Law. (Super. Ct. No. 15JD-00095) (San Luis Obispo County) SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. CHAD L. and BARBARA J., Defendants and Appellants.

Chad L. and Barbara J., the biological parents of three-year-old Maddison R., appeal from the juvenile court’s order denying a petition for modification (Welf. & Inst. Code, § 388)1 and terminating their parental rights. (§ 366.26). Appellants contend, among other things, that San Luis Obispo County Department of Social Services (DSS), did not comply with the inquiry and notice provisions of the Indian Child Welfare Act (ICWA) (25 U.S.C.S. § 1901 et seq.). We affirm. Facts and Procedural History On April 1, 2015, San Luis Obispo County Department of Social Services (DSS) filed a dependency petition after mother was arrested for child endangerment,

1 Unless otherwise noted all statutory references are to the Welfare and Institutions Code.

felon in possession of a firearm, and violating probation. (§ 300, subds. (b) & (g).) Mother was arrested at home with drug paraphernalia and had a long history of substance abuse. Active drug users were in the home with Maddison who was in close proximity to a shotgun and methamphetamine pipe. The police found trash piled to the ceiling, broken glass, spoiled food, broken pieces of flooring, and a potty training chair that was overflowing. Mother reported that father’s whereabouts were unknown and that he had limited involvement in Maddison’s life. Maddison was treated for a seizure disorder (epilepsy) and dehydration. The infant could not regulate her food intake and quickly gravitated from tears to laughter. Maddison hoarded food, was sexually reactive, and suffered panic attacks whenever an adult displayed affection. DSS reported that father was in Wasco State Prison and had a lengthy criminal history for assault, vandalism, and drug related offenses. The trial court removed Maddison from mother’s custody and ordered paternity testing which confirmed that Chad L. was the biological father. The trial court sustained the petition and bypassed reunification services based on mother’s substance abuse which led to the termination of parental rights of her two older children. (§361.5, subds. (b)(10) and (b)(11).) Services were bypassed for father who was serving a four year prison sentence. (§ 361.5, subd. (e)(1).) The trial court ordered the parties to discuss possible placement with a relative and ordered a July 16, 2015 placement review.2 On November 4, 2015, the trial court calendared the section 366.26 hearing for a contested hearing and said that it would rule on relative “placement issues” at that time. DSS was ordered to “invite anyone that is interested in being a placement to attend th[e] hearing . . . .”