In re J.D. CA2/8

Filed 10/8/21 In re J.D. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re J.D., A Person Coming B310568 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 19CCJP04645A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

R.P.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Philip L. Soto, Judge. Affirmed. Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Jessica S. Mitchell, Deputy County Counsel, for Plaintiff and Respondent.

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Mother R.P. appeals the juvenile court’s order denying her Welfare and Institutions Code section 388 petition and terminating her parental rights, as to her now two-year-old son, J.D. Mother’s only contention on appeal is that the juvenile court failed to ensure compliance with the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.), because the record does not contain the return receipts for notices sent to the Bureau of Indian Affairs and Secretary of the Interior. Finding there was no reason to know J.D. is an Indian child, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Mother has an extensive child welfare history, with dependency cases for five of J.D.’s older siblings in 2014 and 2016, arising from mother’s substance abuse, inappropriate discipline of the children, and domestic violence in the home. Mother failed to reunify with J.D.’s siblings, and her parental rights to one sibling were terminated. The Los Angeles County Department of Children and Family Services (Department) received a general neglect referral leading to this case after mother tested positive for drugs while pregnant with J.D. He was removed in July 2019, when he was nearly five months old, and placed with maternal aunt and uncle, who had adopted one of his older siblings. When mother was interviewed by the Department in April 2019, she denied any Indian heritage. In July 2019, she filed a parental notification of Indian status form (ICWA-020) indicating that she has no Indian ancestry. At the July 24, 2019 detention hearing, the juvenile court found there was no reason to know that J.D. was an Indian child, and that ICWA does not apply.