In re A.W. CA2/8

Filed 3/23/22 In re A.W. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.W., A Person Coming B312991 Under the Juvenile Court Law. LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 20CCJP02218A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

DIONDRIA D.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, D. Brett Bianco, Judge. Affirmed. Caitlin Christian, under appointment by the Court of Appeal, for Defendant and Appellant. Rodrigo A. Castro-Silva, County Counsel, Kim Nemoy, Assistant County Counsel, and Sarah Vesecky, Deputy County Counsel, for Plaintiff and Respondent.

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Mother Diondria D. appeals the order terminating her parental rights to A.W., arguing 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 it made an inadequate inquiry about A.W.’s possible Indian ancestry and the notices sent to the tribes were inadequate. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Mother has a long history of substance abuse, mental illness, child neglect, and exposing her children to physical abuse, sexual abuse, and domestic violence. She has an extensive child welfare history arising from these issues and has failed to reunify with A.W.’s five older siblings. (See Diondria D. v. Superior Court (Apr. 23, 2021, B307971) [nonpub. opn.].) Infant A.W. was removed from mother and father J.W. because of the Department’s concerns of neglect based on mother’s extensive child welfare history, mother’s positive marijuana test, and father’s positive alcohol test. The April 20, 2020 petition concerning A.W. states that ICWA does not apply. The detention report reflects that mother and father denied any Indian ancestry on March 9, 2020. In the dependency case concerning A.W.’s full-blooded sibling, T.W., mother appealed the sufficiency of the Department’s ICWA inquiry. Division Seven of this court conditionally affirmed the order terminating mother’s parental rights to T.W., and remanded with instructions for further ICWA compliance. (In re T.W. (Aug. 14, 2019, B295013) [nonpub. opn.].) Further investigation did not yield any useful information indicating that T.W. was an Indian child. The Department conducted internet searches and was able to find contact