In re Manuel T. CA2/6

Filed 4/18/13 In re Manuel T. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MANUEL T., A Person Coming 2d Juv. No. B243808 Under the Juvenile Court Law. (Super. Ct. No. J068195) (Ventura County) VENTURA COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. V. O., Defendant and Appellant.

V. O., mother of Manuel T., appeals from a juvenile court order terminating her parental rights, arguing that notice was not given to eight Cherokee tribes as required by the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.; Welf. & Inst. Code, § 224.2, subd. (a).)1 We affirm on the ground that the ICWA notice defect was cured after the appeal was filed. Facts and Procedural History Ventura County Human Services Agency (HSA) detained six-month old Manuel on March 1, 2011 after appellant was arrested for being under the influence of a controlled substance, felony possession of marijuana for sale, dissuading a witness by force or threat, making criminal threats, and possession of a smoking device with

1 All further statutory references are to the Welfare and Institutions Code.

methamphetamine residue. Appellant was using methamphetamine and had bags of marijuana, a scale, and rolls of money with a pay/owe sheet. HSA filed a dependency petition for failure to protect or provide (§300, subds. (b) & (g)), alleging that appellant and the biological father were incarcerated and unable to care for Manuel. At the March 30, 2011 jurisdiction/disposition hearing, respondent submitted a report summarizing appellant's lengthy criminal and substance abuse history. The trial court ordered services, supervised visits, and foster care. As of the twelve month review hearing date, appellant had not complied with her case plan, had tested positive for drugs, and was arrested on a probation violation for not submitting to a drug test. HSA reported that the whereabouts of the biological father was unknown and that he had not maintained contact with Manuel. The trial court terminated services and set the matter for a section 366.26 hearing. On July 10, 2012, appellant filed a section 388 petition to reinstate services. The trial court denied the petition at a combined 388/366.26 hearing, found that Manuel was adoptable, and terminated parental rights.