In re N.M. CA2/3

Filed 8/11/21 In re N.M. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re N.M., A Person Coming B309856 Under the Juvenile Court Law. Los Angeles County LOS ANGELES COUNTY Super. Ct. No. CK26861E DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

L.G.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa A Brackelmanns, Judge Pro Tempore of the Juvenile Court. Appeal dismissed. Lori Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, Kimberly Roura, Deputy County Counsel, for Plaintiff and Respondent. _________________________

Mother appealed from the juvenile court’s order terminating her parental rights to her daughter N.M. She maintained the juvenile court erred by finding the Indian Child Welfare Act (ICWA) did not apply without ordering further inquiry as to whether N.M. is an Indian child. During the pendency of this appeal, counsel for the Los Angeles County Department of Children and Family Services (the Department) notified this court that mother had died in an automobile accident. Mother’s appointed counsel confirmed mother’s death with her family. Mother’s unfortunate death renders her appeal moot. We therefore dismiss the appeal. FACTS AND PROCEDURAL HISTORY In February 2016, the juvenile court declared N.M. a dependent child under Welfare and Institutions Code section 300, finding mother’s substance abuse endangered the child.1 In January 2017, the court removed N.M. from mother’s custody and placed the child in a foster home. N.M. remained in the same foster home throughout the case. In June 2018, mother gave birth to another child. The same month, she filed a Parental Notification of Indian Status for her newborn, checking the box stating, “I have no Indian ancestry as far as I know.” On July 25, 2018, the juvenile court terminated mother’s reunification services and set a permanency hearing for N.M. On January 5, 2021, the court terminated mother’s parental rights to N.M. Mother appealed the order, arguing the court failed to comply with ICWA’s inquiry mandates.