In re J.M. CA3

Filed 6/30/21 In re J.M. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re J.M. et al., Persons Coming Under the Juvenile C092737 Court Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. Nos. JD239771, CHILD, FAMILY AND ADULT SERVICES, JD239772)

Plaintiff and Respondent,

v.

J.M.,

Defendant and Appellant.

Appellant J.M., father of the minors (father), appeals from the juvenile court’s orders terminating parental rights and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 395.)1 His sole contention on appeal is that the Sacramento County Department of Child, Family and Adult Services (Department) and juvenile court failed

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA) because the Department did not adequately inquire into the paternal information that the minors may have Cherokee heritage. (25 U.S.C. § 1901 et seq.; § 224.2.) We disagree and will affirm. BACKGROUND The underlying facts of the dependency are not at issue and we do not recite them. We limit our recitation of the background to those facts relevant to the ICWA inquiry and noticing requirements. On April 5, 2019, the Department filed a petition pursuant to section 300, subdivisions (b) and (e) in regards to the minor, S.M., and section 300, subdivisions (b), (e), and (j) in regards to the minor, J.M. The mother denied having any Indian heritage. But father filed a Parental Notification of Indian Status form (Judicial Council Forms, form ICWA-020) wherein he claimed he may have Cherokee ancestry. The juvenile court found it was unclear whether there was reason to know that the minors may be Indian children and ordered that the Department make further inquiries regarding the minors’ possible Indian status pursuant to section 224.2, subdivision (e). The Department’s May 22, 2019 jurisdiction/disposition report outlined the Department’s initial ICWA compliance efforts. On May 1, 2019, the social worker interviewed father regarding his claim of Native American ancestry, and he reported he might have Cherokee ancestry from the paternal grandfather, O.M., but did not have contact information for the grandfather. That same day, the social worker contacted the paternal aunt, A.M., who reported she was informed they may have Cherokee ancestry from O.M., but she was not aware of any tribal enrollment. On May 15, 2019, the social worker contacted A.M. again to obtain O.M.’s contact information for the purpose of further ICWA inquiry, but she reported O.M. had not been a part of their lives and they do not have a relationship. A.M. reported she would attempt to find the paternal grandfather’s contact information and provide it to the social worker. She denied any