In re N.C. CA2/6

Filed 5/17/20 In re N.C. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 N.C., 2d Juv. No. B309222 (Super. Ct. No. 19JV00451) A Person Coming Under The (Santa Barbara County) Juvenile Court Law. _____________________________

SANTA BARBARA COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

S.G.,

Defendant and Appellant.

S.G. (mother) appeals the juvenile court’s order terminating parental rights to her minor child N.C. with a

permanent plan of adoption. (Welf. & Inst. Code,1 § 366.26.) Mother contends the court and Santa Barbara County Child Welfare Services (CWS) failed to comply with the inquiry requirements of the Indian Child Welfare Act (ICWA; 25 U.S.C.S. § 1901 et seq.). We affirm. FACTS AND PROCEDURAL HISTORY Mother and R.C. (father)2 are the natural parents of N.C. born in January 2017. On October 30, 2019, CWS filed a dependency petition as to N.C. alleging failure to protect (§ 300, subd. (b)). The petition alleged among other things that on October 28, N.C. had been found alone at a fast food restaurant. That same date, father tested positive for amphetamines, methamphetamines, and opiates. Mother also admitted recent methamphetamine use and both parents had significant drug- related criminal histories. In its report for the October 31, 2019 detention hearing, CWS stated that the father had told the social worker he may have “Chumash [ancestry] down the line.” The day of the hearing, father filed an ICWA-030 Parental Notification of Indian Status form stating that he “may have Indian ancestry” through the “Coastal Chumash” tribe. Mother denied any Native American ancestry. The juvenile court found that ICWA may apply. N.C. was ordered detained in foster care and the matter was set for a combined jurisdiction and disposition hearing. In its December 2019 jurisdiction and disposition report, CWS recommended that both parents be offered reunification services. The social worker also reported that she had spoken to