In re Robert C. CA5

Filed 3/2/22 In re Robert C. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re ROBERT C., a Person Coming Under the Juvenile Court Law.

KERN COUNTY DEPARTMENT OF HUMAN F083377 SERVICES, (Super. Ct. No. JD141774-00) Plaintiff and Respondent,

v. OPINION BRIAN C. et al.,

Defendants and Appellants.

THE COURT* APPEAL from an order of the Superior Court of Kern County. Christie Canales Norris, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) S. Lynne Klein, under appointment by the Court of Appeal, for Defendant and Appellant Brian C. Elaine Forrester, under appointment by the Court of Appeal, for Defendant and Appellant S.L. Margo A. Raison, County Counsel, and Judith M. Denny, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P.J., Meehan, J. and DeSantos, J.

Brian C. (father) appeals from an order terminating parental rights to his one-year-old son, Robert C., under Welfare and Institutions Code section 366.26.1 Father contends the juvenile court committed reversible error by relying on findings in a prior dependency case to conclude that the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.; (ICWA)) did not apply without proper inquiry. S.L., Robert’s mother (mother), joins. Respondent concedes the juvenile court may have erred and proposes a conditional reversal to ensure ICWA compliance. We affirm. PROCEDURAL AND FACTUAL SUMMARY A. Initial Proceedings In December 2020, the Kern County Department of Human Services (department) received a referral alleging mother gave birth to Robert by emergency Caesarean section at 35 weeks gestation. Mother tested positive for amphetamine, methamphetamine, and cannabis. Robert was transferred to a children’s hospital and admitted to the neonatal intensive care unit in critical condition. Mother has a history of substance abuse dating back to 2005 and alcohol abuse dating back to 2009. In addition, she and father have an extensive child welfare history. Mother had five older children at the time of Robert’s birth—Joshua T., A.K., Jr., Ruby C., M.C., and Brian C., Jr. They had all been removed from her care in two separate dependency proceedings and permanent plans had been ordered. Joshua was in a legal guardianship, Brian C., Jr., and M.C. were adopted and A.K., Jr. and Ruby were in long- term foster care. Father also had five children prior to Robert—Brian C., Jr., M.C., and Ruby through his relationship with mother, and B.C. and N.G. by another relationship. His children were removed from his custody in five separate dependency matters and had all been adopted except for Ruby.