In re M.R. CA2/6

Filed 10/5/22 In re M.R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re M.R., a Person Coming 2d Juv. No. B318662 Under the Juvenile Court Law. (Super. Ct. No. J072419) (Ventura County)

VENTURA COUNTY HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

S.R.,

Defendant and Appellant.

S.R. (Mother) appeals an order of the juvenile court terminating her parental rights to M.R., her minor child. (Welf. & Inst. Code, § 366.26.)1 The Ventura County Human Services Agency (HAS) filed a juvenile dependency petition alleging the

All statutory references are to the Welfare and 1

Institutions Code.

child was a dependent child and was at a substantial risk of harm because of, among other things, Mother’s untreated substance abuse. (§ 300, subds. (b)(1), (g) & (j).) The court found the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1914) did not apply. We conclude, among other things, that HAS did not conduct a sufficient inquiry to determine whether the child was an Indian child as required by ICWA. The court erred by finding ICWA did not apply. We “conditionally affirm” and remand with instructions. (In re Antonio R. (2022) 76 Cal.App.5th 421, 436- 437.) FACTS On February 19, 2020, HAS filed a juvenile dependency petition alleging: 1) Mother’s “substance abuse” interferes with her ability to care for her infant child; 2) Mother engages in “domestic disputes” that constitute a “substantial risk of physical and emotional harm” for the child; and 3) the child’s half-siblings were declared dependents of the juvenile court in 2018 because of Mother’s “substance abuse and incidents of domestic disputes.” In a detention report, HAS said Mother has a history of “mental health concerns” with “diagnosis of bipolar, PTSD, and depression.” She was hospitalized three times in 2009 for “suicidal behavior that involved[] cutting and auditory hallucinations.” Mother had two other children who were dependents of the juvenile court. She was provided with 12 months of family reunification services which were terminated on August 20, 2019, due to Mother’s “lack of participation in services.” On February 20, the juvenile court found the child comes “within Section 300,” the child cannot continue to live in Mother’s home, and he must be temporarily placed with HAS.