In re Charles G. CA2/2

Filed 11/4/22 In re Charles G. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re Charles G., Person Coming B318363 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. No. 20CCJP03534A) AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

M.M. et al.,

Defendants and Appellants.

APPEALS from orders of the Superior Court of Los Angeles County, Gabriela H. Shapiro, Judge Pro Tempore. Affirmed. Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant M.M. Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant C.G.

Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Peter Ferrera, Senior Deputy County Counsel, for Plaintiff and Respondent. ______________________________________ The juvenile court terminated the parental rights of appellants C.G. (Father) and M.M. (Mother). (Welf. & Inst. Code, § 366.26.)1 Appellants challenge the adequacy of an inquiry into Father’s ancestry under the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.; Welf. & Inst. Code, § 224 et seq.) We conclude that notices sent to four tribes and two agencies were sufficient. Additional inquiry would not help: Father admittedly lacks tribal membership, which is a prerequisite to a finding that his child is Indian. We affirm. FACTS AND PROCEDURAL HISTORY When Mother gave birth to Charles G. in 2020, hospital staff found drug paraphernalia on her person. She admitted taking heroin in the hospital bathroom and tested positive for opiates, methamphetamine, and amphetamine. Mother has used heroin for 10 years and took it throughout her pregnancy. Father confirmed Mother’s disclosure that he also uses drugs; he began using heroin as a teenager. Newborn Charles tested positive for opiates and began treatment for drug withdrawal symptoms. Respondent County of Los Angeles Department of Children and Family Services (DCFS) detained Charles. In the detention report, Mother denied Indian heritage but said that Father has Cherokee ancestry. Father indicated that he is half Cherokee, in the Red Paint Clan, and is seeking tribal membership.