Sacramento County Department of Health & Human Services v. Maximillian K.

Opinion

HULL, J. Appellants, the mother and father of the minors, appeal from the order of the juvenile court terminating their parental rights. (Welf. & Inst. Code, §§ 366.26, 395; further undesignated statutory references are to the Welfare and Institutions Code.) Appellants contend the juvenile court erred when it conducted the section 366.26 hearing without ensuring compliance with the notice provisions of the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1902 et seq.) We affirm the order.

Facts and Procedural History

The Sacramento County Department of Health and Human Services (DHHS) filed dependency petitions in October 2001 concerning the newborn minor twins, based on allegations that appellants had committed lewd and lascivious acts on the minors’ six-year-old half sibling and were incarcerated pending trial for these acts. The petitions were subsequently amended to add allegations that another half sibling had also been molested.

The minute order from the detention hearing indicated that the mother “may be of Native American [hjeritage.” ICWA notice was sent to the Bureau of Indian Affairs (BIA). In a letter accompanying the notice to the BIA, a paralegal with DHHS advised that the mother “may have Indian ancestry but she has been unable to provide information regarding her family history or tribal affiliation.” Correspondence from the BIA stated that the ICWA notice was being returned because it contained “ [insufficient identifying tribal information.”

[155]The juvenile court sustained the amended petitions and denied reunification services. The minors were placed in the home of a relative and her “significant other” who were willing to adopt them. The social worker recommended termination of parental rights and a permanent plan of adoption.

At the section 366.26 hearing, the juvenile court addressed the application of the ICWA, stating: “There are references concerning the [ICWA], but there doesn’t appear that there is a parent who is either enrolled or eligible for enrollment; is that correct?” The paternal grandmother, who was present at the hearing, replied, “I’m not understanding that too well, but the boy— the young man may have Indian in him. I don’t know my family history that much, but where were [sic] from it is that section so I don’t know about checking that.” The paternal grandmother said she was not an enrolled member, she did not know whether she or the father was eligible for membership and she was not able to identify a particular tribe or nation. The father, who was present, did not comment on the paternal grandmother’s claim regarding Indian heritage.