In re J.R. CA2/2

Filed 12/5/22 In re J.R. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.R., a Person Coming B318442 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 20CCJP04003-A)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

V.R.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Tara L. Newman, Judge. Affirmed.

Roni Keller, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and Brian Mahler, Deputy County Counsel, for Plaintiff and Respondent. __________________________________________

V.R. (Mother) appeals an order terminating her parental rights to her son, J.R. (Welf. & Inst. Code, § 366.26.)1 She contends that the requirements of the Indian Child Welfare Act (ICWA) are unmet. (25 U.S.C.S. § 1901 et seq; Welf. & Inst. Code, § 224 et seq.) No one asked extended family members if J.R. might be Indian. (§ 224.2, subd. (b).) We conclude that any deficiency in the ICWA inquiry did not cause a miscarriage of justice. (Cal. Const., art. VI, § 13.) Mother was raised by her biological parents and denied Indian heritage. She cites no evidence showing that her knowledge of her heritage is incorrect or that J.R. has Indian ancestry. Because there is no reason to believe J.R. is Indian, any failure to inquire of extended family members was harmless. We affirm. FACTS AND PROCEDURAL HISTORY J.R. was detained at the hospital at birth in July 2020 when Mother had a psychotic episode. She was screaming, yelling, and refusing medication; she did not feed J.R. or change his diapers. A doctor refused to release J.R. to Mother because her mental state created a risk of harm. Mother was hospitalized three times since the end of 2019, under section 5150.