Ventura County Human Services Agency v. C.M.

Opinion

PERREN, J. C.M. appeals an order of the juvenile court terminating parental rights and finding her child adoptable. (Welf. & Inst. Code, § 366.26.) She contends the juvenile court erred in giving the notices required by the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.). We affirm.

FACTS AND PROCEDURAL HISTORY

Respondent Ventura County Human Services Agency (Agency) filed a juvenile dependency petition on behalf of two-year-old K.M. on November 14, 2006. The petition alleged the mother, C.M., did not properly supervise or care for the child. C.M. had untreated mental and emotional problems and was incarcerated for child endangerment. The child’s father is unknown.

C.M. indicated on an Indian ancestry questionnaire that she was, or might be, a member of the “Cherakia” tribe. Based on this information, the Agency gave notice of the December 7, 2006, jurisdiction and disposition hearing to the Bureau of Indian Affairs (BIA), the Eastern Band of Cherokee Indians, the Cherokee Nation and the United Keetoowah Band of Cherokee Indians. The notices contained only the names and addresses of C.M. and the presumed father. The Eastern Band and United Keetoowah Band sent replies that K.M. was not a member of that tribe.

In a memorandum dated December 3, 2007, the social worker explained that she had asked C.M. several times for further information regarding her [118]Indian ancestry, and C.M. referred the social worker to her mother. On October 21, 2007, the social worker asked the maternal grandmother about the family’s Indian ancestry. She told the social worker that she had Choctaw ancestry and her ex-husband had Cherokee ancestry. She provided the social worker with their birth dates. She also provided the names of the child’s great-grandparents and indicated they had Indian ancestry. The maternal grandmother was unwilling to provide further information regarding the child’s possible Indian ancestry because she believed the Agency was not properly managing the child’s case. According to the social worker, grandmother said, “I’ll give you the information when my baby is back with me. I’m not going to give you anything so that those foster parents . . . can get any money for my baby.”

The social worker spoke with C.M. once again on December 7, 2007, about the child’s possible Indian heritage. At that time, C.M. provided the name of her paternal grandmother, but could not provide an address or telephone number for her or any other relevant information. C.M. also identified her maternal great-grandmother and maternal grandfather but could provide no further information about them.