In re W.R. CA2/4

Filed 10/20/22 In re W.R. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re W.R., et al., Persons Coming B314199 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 18CCJP04526A-C)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

G.R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa A. Brackelmanns, Commissioner. Affirmed. Elizabeth Klippi, under appointment of the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Brian Mahler, Deputy County Counsel, for Plaintiff and Respondent.

INTRODUCTION Mother (G.R.) appeals from the juvenile court’s orders denying her Welfare and Institutions Code section 3881 request and placing her children in a legal guardianship under section 366.26. On appeal, mother contends that the Los Angeles County Department of Children and Family Services (DCFS) failed to comply with the inquiry requirements under the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.) and related California statutes (§ 224 et seq.). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND2 Mother and W.R., Sr. (father) have three children: W.R. (born Dec. 2008), V.R. (born July 2011), and L.R. (born Apr. 2013). The family was living with maternal aunt and grandmother when dependency proceedings were initiated by DCFS. On July 20, 2018, DCFS filed a dependency petition on behalf of the children, and on September 17, 2018, the petition was sustained as amended by interlineation. Appended to the dependency petition was the Indian child inquiry attachment (ICWA-010 form), which reflected that when questioned by DCFS on July 5, 2018, mother indicated that the children had no known Indian ancestry. In the detention report, DCFS noted that both mother and father stated on July 5, 2018, that the children did not have any Indian ancestry.