In re C.L. CA2/8

Filed 3/9/22 In re C.L. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

In re C.L., A Person Coming B309198 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 18CCJ00256A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

B.V.,

Defendant and Appellant.

APPEALS from orders of the Superior Court of Los Angeles County, Kristen Byrdsong, Juvenile Court Referee. Affirmed with directions. Maureen L. Keaney, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Navid Nakhjavani, Principal Deputy County Counsel, for Plaintiff and Respondent. **********

In these consolidated appeals, mother B.V. filed notices of appeal from two postdisposition orders suspending her visitation with her son, C.L. Mother’s only contention on appeal is that the Los Angeles County Department of Children and Family Services (Department) did not comply with the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.), because the Department never asked C.L.’s father whether he has any Indian ancestry. Because the Department lost contact with father, and mother’s parental rights have not been terminated, we conclude that reversal is not required. We affirm the orders, but remand with instructions that the Department comply with ICWA’s inquiry requirements if father is located. FACTUAL AND PROCEDURAL BACKGROUND This family came to the attention of the Department in January 2018, after a report that mother allowed her boyfriend, the father of her youngest child (who is not at issue in this appeal), to have unlimited access to the children, notwithstanding his status as a registered sex offender and drug abuser. C.L. and his younger half sister were detained and placed in foster care. Mother denied any Indian heritage. On January 16, 2018, mother filed a parental notification of Indian status form (ICWA- 020) indicating that she has no Indian ancestry. The whereabouts of C.L.’s father, Carlos, were unknown. The Department conducted a due diligence search for father, and were able to locate him. He was interviewed by phone on March 6, 2018. Father was interested in placement of C.L. and agreed to have his home assessed by the Department. However, father failed to return the Department’s calls, and the Department was