Place County Department of Health & Human Services v. V.M.

Opinion

SIMS, Acting P. J. Appellant V.M. (mother), the mother of J.P. (bom June 1997), K.P. (bom Oct. 1998), and J.M. (bom Dec. 2003), appeals from an order of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395; undesignated statutory references are to the Welfare and Institutions Code.)

Appellant J.M. (father), the father of minor J.M.,1 appeals from an order entered by the juvenile court pursuant to section 366.26, which did not terminate his parental rights but which did set adoption as the permanent placement goal.

[3]The court found there is a probability that J.P. will be adopted, he is difficult to place, and termination of parental rights would not be detrimental to him. (§§ 366.26, 395.)

On appeal, mother and father (collectively, appellants) contend that the juvenile court did not comply with the notice provisions of the Indian Child Welfare Act of 1978. (25 U.S.C. § 1901 et seq.; ICWA.) We shall affirm.

BACKGROUND

In November 2002, following several instances of domestic violence between the mother and her live-in girlfriend, the minors J.P. and K.P. were detained and the Placer County Department of Health and Human Services (HHS) filed a dependency petition alleging jurisdiction under section 300, subdivisions (b) (failure to protect) and (c) (serious emotional damage).

The mother told HHS that she was a member of the Colfax/Todd’s Valley Consolidated Tribe. HHS determined the tribe was not federally recognized and did not notify it of the proceedings.

The juvenile court sustained the petition in January 2003, placing J.P. and K.P. with the mother. The dependency action was dismissed in July 2003 after the mother completed her reunification plan.

In May 2005, another dependency petition was filed alleging jurisdiction of J.P., K.P. and J.M. (collectively, the minors) under section 300, subdivisions (b), (c), and (g) (no material support), following domestic violence between the mother and the father leading to the mother’s arrest. The petition also alleged appellants had a history of domestic violence and substance abuse.