In re K.S. CA2/5

Filed 3/13/13 In re K.S. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

In re K.S., a Person Coming Under the B244440 Juvenile Court Law. (Los Angeles County Super. Ct. No. CK43789)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

CATRINA W.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Rudolph A. Diaz, Judge. Affirmed. Catherine C. Czar, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Frank J. DaVanzo, Principal Deputy County Counsel, for Plaintiff and Respondent.

__________________________

Catrina W. (mother) appeals1 from the order of August 30, 2012, terminating parental rights to her son K.S. under Welfare and Institutions Code2 section 366.26. Her sole contention on appeal is that the dependency court abused its discretion in finding that the Indian Child Welfare Act of 1978 (the ICWA) (92 Stat. 3069, 25 U.S.C. §§ 1901- 1963) did not apply. We affirm.

STATEMENT OF FACTS AND PROCEDURE3

Overview

K., born with drugs in his system in May 2010 to mother and J. S. (father), was declared a dependent of the court on July 15, 2010. Custody was taken from the parents. No reunification services were ordered for mother, because two older siblings had been dependents of the court, she failed to reunify with them, and she subsequently made no reasonable effort to treat the problems that led to their removal. (§ 361.5, subd. (b)(10).) Parental rights were terminated on August 30, 2012.