In re J.R. CA2/6

Filed 10/20/22 In re J.R. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.R., a Person Coming 2d Juv. No. B319648 Under the Juvenile Court Law. (Super. Ct. No. 21JV00065) (Santa Barbara County)

SANTA BARBARA COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

JENNIFER G.,

Defendant and Appellant.

Jennifer G. (Mother) appeals an order of the juvenile court declaring that her minor child J.R. is adoptable and terminating her parental rights. (Welf. & Inst. Code, § 366.26, subd. (c)(1).)1

All further statutory references are to the Welfare and 1

Institutions Code unless otherwise indicated.

1

We conclude that error in failing to make initial inquiries of extended family members pursuant to the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and related California law was harmless in view of the recent augmentation of the appellate record to reflect the additional inquiries and responses thereto. (In re Allison B. (2022) 79 Cal.App.5th 214, 219.) We affirm. This appeal concerns the single issue of the adequacy of initial inquiries regarding possible Indian ancestry of a dependent minor child. Following the filing of the notice of appeal, however, the Santa Barbara County Department of Social Services (DSS) made additional inquiries of extended family members and received negative responses thereto regarding Indian ancestry. We have augmented the record to include the DSS’s inquiries and responses. (In re Allison B., supra, 79 Cal.App.5th 214, 219.) FACTUAL AND PROCEDURAL HISTORY Mother and F.R. (Father) are parents to the minor child J.R. The child was a newborn when detained by DSS. On February 23, 2021, DSS filed a dependency petition and an amended dependency petition alleging that Mother and Father had longstanding substance abuse issues and significant criminal histories. At birth, J.R. had a positive test for amphetamine and cannabinoids which Mother admitted using during her pregnancy. (§ 300, subd. (b)(1).) On February 24, 2021, the juvenile court held a detention hearing and inquired of Mother and Father whether either had Indian ancestry. Mother and Father personally replied that they did not. The court then made a finding that there was no reason to believe the child was an Indian child and that ICWA did not