In re B.B. CA1/5

Filed 11/4/20 In re B.B. CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re B.B., Person Coming Under the Juvenile Court Law. ___________________________________ A160173 HUMBOLDT COUNTY DEPARTMENT OF HEALTH AND (Humboldt County Super. Ct. No. HUMAN SERVICES, JV190019) Plaintiff and Respondent, v. J.B. et al., Objectors and Appellants.

In this appeal from a judgment terminating their parental rights, S.B. (“mother”) and J.B. (“father”) contend that reversal is required because the Humboldt County Department of Health and Human Services (“Department”) sent inadequate notice of the juvenile dependency proceedings to five tribes under the federal Indian Child Welfare Act of 1978 (“the Act” or “ICWA”) and related state law. (See 25 U.S.C. § 1912(a); Welf. & Inst. Code, § 224.3, subds. (a)-(b).1)

Undesignated statutory references are to the Welfare and 1

Institutions Code. 1

Because we conclude that the Department complied with its legal duties, we affirm the judgment. BACKGROUND 1. By establishing minimum standards for, and permitting tribal participation in, dependency actions, the Act protects Native American children and promotes the stability and security of Native American tribes and families. (25 U.S.C. § 1901 et seq.; In re Isaiah W. (2016) 1 Cal.5th 1, 7-8 (Isaiah W.).) When there is reason to know a child in a dependency case is an “Indian child,” the Act requires that the child’s tribe be notified of the proceeding. (25 U.S.C. § 1912(a); see also Welf. & Inst. Code, § 224.3, subds. (a)-(b).) An “Indian child” is an unmarried person under age eighteen who is either a member of an Indian tribe or is eligible for membership and is the biological child of a member. (25 U.S.C. § 1903(4); Welf. & Inst. Code, § 224.1, subd. (a).) The notice requirement facilitates a determination of whether the child is an Indian child and allows the tribe an opportunity to intervene. (Isaiah W., supra, 1 Cal.5th at p. 8.) Our legislature has codified and supplemented the Act’s requirements in state law. (§ 224 et seq.; Isaiah W., supra, 1 Cal.5th at p. 9.) 2. Shortly after the birth of B.B. (“child”), the Department filed a juvenile dependency petition pursuant to section 300. The petition alleged the child was at risk of harm due to mother and father’s mental health issues and developmental disabilities. Father indicated that he had Blackfeet, Crow, Cherokee, and Choctaw ancestry, but was unsure of the names of the relevant family