In re R.S. CA4/1

Filed 10/6/22 In re R.S. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re R.S., a Person Coming Under the Juvenile Court Law.

SAN DIEGO COUNTY HEALTH D080503 AND HUMAN SERVICES AGENCY, (Super. Ct. No. J518610C) Plaintiff and Respondent,

v.

C.C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Marissa A. Bejarano, Judge. Conditionally reversed and remanded with directions. Landon Villavaso, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia Silva, County Counsel, Emily Harlan, Senior Deputy County Counsel, for Plaintiff and Respondent.

C.C. (Father) appeals from the juvenile court’s order terminating his parental rights for his daughter, R.S. Father’s sole claim on appeal is that substantial evidence does not support the juvenile court’s finding that the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) did not apply. San Diego County Health and Human Services Agency (the Agency) concedes that a limited remand is appropriate to ensure ICWA compliance, and the parties have stipulated to the immediate issuance of remittitur. We accept the Agency’s concession, conditionally reverse, and remand for compliance with ICWA.

FACTUAL AND PROCEDURAL BACKGROUND1 In August 2019, the Agency initiated this dependency proceeding under

Welfare and Institutions Code section 300 subdivision (b)(1)2 on behalf of R.S. The Agency alleged there was a substantial risk R.S. had suffered or would suffer serious physical harm or illness based on Father’s and V.S.’s

(Mother’s)3 failure to provide adequate supervision or protection. Specifically, the Agency alleged that Mother was hospitalized for a mental illness, that R.S. had been removed from Mother’s care previously in 2018 due to the same mental health concerns, that both Mother and Father had a history of drug abuse, and that Father had violated the Agency’s safety plan by leaving R.S. alone in Mother’s care.