In re A.G. CA3

Filed 10/18/22 In re A.G. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

In re A.G., a Person Coming Under the Juvenile Court C095806 Law.

YOLO COUNTY HEALTH AND HUMAN (Super. Ct. No. JV-2019-216) SERVICES AGENCY,

Plaintiff and Respondent,

v.

J.M. et al.,

Defendants and Appellants.

L.G. (mother) and J.M. (father), parents of the minor, appeal from the juvenile court’s orders terminating parental rights and freeing the minor for adoption. (Welf. &

1

Inst. Code, §§ 366.26, 395.)1 The parents contend the Yolo County Health and Human Services Agency (Agency) failed to comply with the requirements of the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA). We will affirm the juvenile court’s orders. FACTUAL AND PROCEDURAL BACKGROUND Because the issue on appeal is limited to compliance with the ICWA, we dispense with a detailed recitation of the underlying facts and procedure. The newborn minor was detained and made a dependent of the juvenile court due to the parents’ unresolved substance abuse issues which rendered them unable to provide appropriate care for the minor and placed the minor at risk of serious harm. The Agency made an initial ICWA inquiry of mother in June 2019. Mother indicated she was unsure if she had Native American heritage. The Agency’s initial attempts to contact father were unsuccessful. In July 2019, mother stated she had Indian heritage, but she was unsure of the tribe. She stated she would attempt to gather more information from the maternal aunt. She later reported her paternal uncle completed an ancestry test and was “found to be 60% Native American,” but she declined to provide the name of the uncle to the Agency stating she would need to obtain additional information. Mother denied any of her immediate relatives attended a Native American school or resided on a reservation. On July 11, 2019, mother filed a parental notification of Indian status (form ICWA-020) stating she may have Indian heritage but not identifying any particular tribe. The Agency mailed ICWA notices to the Bureau of Indian Affairs (BIA) and the Secretary of the Interior on July 26, 2019. The notices included information regarding both parents; the name, address, and birthdate of the maternal grandmother; the name,