San Bernardino County Department of Children's Services v. Shawn R.

[1428]Opinion

GAUT, J.— 1. Introduction

Defendant and appellant Shawn R. (father) is the natural father of Rebecca R. Father’s parental rights were terminated. He appeals, with the sole claim that the juvenile court failed to “ensure” that the San Bernardino County Department of Children’s Services (DCS) inquire of him whether he had any Indian ancestry for purposes of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.; ICWA). We affirm.

2. Factual and Procedural History

Rebecca was detained in 2003. Her mother, Stephanie L., was arrested for drug use and had a history of mental health problems. Father also had drug abuse issues, which prevented him from caring for the child. In over a year of reunification proceedings, father did little or nothing to complete his service plan and demonstrated no interest in the child. The court terminated his parental rights. Father appeals.

3. Analysis

No Reversal Is Required

Father now argues that the termination order should be set aside because, even though the trial court ordered DCS to inquire of him whether he had any Indian ancestry, there is no documentation in the record to show whether this was in fact done. No reversal is required.

Mother was arrested on December 30, 2003. DCS took emergency custody of Rebecca and filed a dependency petition on January 2, 2004. On the face of the petition, boxes were provided in which to mark whether the child may be a member of or may be eligible for membership in an Indian tribe, or [1429]whether the child may be of Indian ancestry. Neither box was marked. The social worker’s report for the detention hearing affirmatively represented that “The Indian Child Welfare Act does not apply.” At the detention hearing on January 6, 2004, the court ordered both parents “to reveal membership in [an] Indian tribe.” This oral order was also reflected in the court’s minutes.

Father relies on the current version of California Rules of Court, rule 1439(d),1 which provides that both the juvenile court and DCS “have an affirmative and continuing duty to inquire whether a [dependent] child ... is or may be an Indian child.” Rule 1439(d)(2) provides that “the social worker must ask ... the parents . . . whether the child may be an Indian child or may have Indian ancestors.” Rule 1439(d)(3) now provides that, “[a]t the first appearance by a parent or guardian in any dependency case ... the parent. .. must be ordered to complete form JV-130, Parental Notification of Indian Status.” (Italics added.) Father now complains that no form JV-130 is in the record to show that he was ever asked whether the child might have Indian heritage and that the court never asked him personally on the record whether the child might have any Indian ancestry.