In re J.F. CA2/2

Filed 12/28/22 In re J.F. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.F. et al., Persons Coming B315332 Under the Juvenile Court Law. (Los Angeles County Super. Ct. Nos. 21CCJP01991A-D, LOS ANGELES COUNTY 21CCJP01994A) DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

MARCOS F.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Jean M. Nelson, Judge. Affirmed. Pamela Rae Tripp, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Acting County Counsel, Kim Nemoy, Assistant County Counsel, and William D. Thetford, Deputy County Counsel, for Plaintiff and Respondent.

In this consolidated appeal, Marcos F. (father) challenges the juvenile court’s September 22, 2021 orders assuming dependency jurisdiction over his children, 14-year-old J., 12-year- old Marcos, eight-year-old Nathan, seven-year-old N., and two- year-old M., and removing them from his custody. Father’s sole contentions are that the juvenile court and the Los Angeles County Department of Children and Family Services (the Department) failed to comply with the statutory duty of inquiry as to whether the children were Indian children within the meaning of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) and applicable California law, and the juvenile court failed to make any ICWA findings at the September 22, 2021 adjudication hearing. We affirm the juvenile court’s orders.

RELEVANT BACKGROUND Detention and Welfare & Institutions Code section 300 petition The Department filed Welfare and Institutions Code section 3001 petitions on behalf of the children on April 29, 2021, alleging that father had sexually abused J. and that the other children were at risk of harm. Father was present at the May 4, 2021 detention hearing and filed an ICWA-020 form stating he may be a member or eligible for membership in the Yaqui Tribe. Father provided the name and telephone number of the paternal grandmother and indicated she may have further information concerning tribal