In re Rachael W. CA2/6

Filed 4/18/13 In re Rachael W. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 RACHAEL W., A Person Coming 2d Juv. No. B245040 Under the Juvenile Court Law. (Super. Ct. No. JV45420) (San Luis Obispo County) SAN LUIS OBISPO DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent, v. B. W., Defendant and Appellant.

B. W. appeals from an order terminating his parental rights to Rachael W. and freeing Rachael for adoption. (Welf. & Inst. Code, § 366.26.)1 Appellant claims that the trial court failed to comply with the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.) and asserts that the parent-child/sibling relationship exception precludes Rachael's adoption. (§§ 366.26, subd. (c)(1)(B)(i) &(v).) We affirm. Facts and Procedural History In March 2010, police found Rachael and her brothers living in a car with their father, appellant. Rachael's youngest brother, Daniel, was unconscious, had open sores (scabies and eczema), and was transported to the hospital for treatment. Rachael

1 All statutory references are to the Welfare and Institutions Code unless otherwise stated. 1

told authorities that the family spent nights outside a Food4Less store and used the store bathroom. On March 23, 2010, San Luis Obispo County Department of Social Services, Child Welfare Services (CWS) filed a dependency petition for failure to protect Rachael (age 8) and her brothers Ryan (age 10), Robert (age 7), and Daniel (age 6). (§ 300, subds. (b) & (j).) The petition referred to a prior dependency proceeding in which appellant failed to protect the children from an uncle. The petition stated that the biological mother's parental rights were terminated in a Los Angeles County dependency proceeding with respect to Rachael's half-sister. Appellant assumed custody of Rachael and the boys in 2007 after mother abandoned them. Appellant submitted on jurisdiction and disposition on May 26, 2010. The boys were placed in a Paso Robles foster home and Rachael was placed in another home. Rachael was struggling in school and received counseling for behavioral and emotional problems. CWS reported that appellant had difficulty meeting his own basic needs and lacked the ability to provide for the children. At the 12 month review hearing (March 16, 2011), appellant was still living in his car and had a new girlfriend who had given birth to his child. Appellant said that he and the girlfriend "are going to get a place for the boys and she will be their mom." Rachael feared she would be homeless again if she reunited with appellant. At the 18 month review hearing, the trial court continued services so that appellant could move to a larger home. Appellant was unemployed and lived in a small motel room with bunk beds for the boys. Appellant's girlfriend (Lila M.) was pregnant with his second child but not authorized to care for Rachael or the boys due to a prior child welfare history. At the 24 month review hearing, CWS recommended that services be terminated. Appellant had quit working and was living in a motel room with the boys and some dogs. A Court Appointed Special Advocate (CASA) reported that the boys were going to school dirty and smelled of urine from bed wetting. Rachael complained about her visits. Appellant's motel room was filthy, there was feces smeared on the