In re S.M. CA2/5

California Court of Appeal Apr 4, 2023 No. B323651Unpublished

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Holding. The court held that the Department of Children and Family Services satisfied its duty of initial inquiry under the Indian Child Welfare Act (ICWA) and that the juvenile court did not err in its ICWA findings.

Issues

Whether the Department failed to comply with its duty of initial inquiry under Welfare and Institutions Code section 224.2, subdivision (b).
Whether the juvenile court erred by failing to make ICWA findings at every subsequent hearing.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The Department was not required to interview maternal grandfather because, as the record reflects, it did not have any available means of contacting him.”

“As reported by the Department, both maternal uncle and paternal grandmother denied any Indian tribal ancestry, and such reporting is sufficient to meet the Department’s duty of inquiry.”

“The juvenile court expressly found at the adjudication hearing that there was no reason to believe that ICWA applied and there is no requirement that ICWA findings be made at every proceeding.”

Filed 4/4/23 In re S.M. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.M. et al., Persons B323651 Coming Under the Juvenile (Los Angeles County Court Law. Super. Ct. No. 20CCJP02556A–B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

J.M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Debra R. Archuleta, Judge. Affirmed.

William Hook, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, Interim County Counsel, Kim Nemoy Assistant County Counsel, Jane E. Kwon, Deputy County Counsel, for Plaintiff and Respondent.

I. INTRODUCTION

J.M. (father) appeals from an order terminating parental rights over older child S.M. (born in 2014) and younger child B.M. (born in 2015).1 Father seeks a reversal and remand for compliance with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) and related California statutes (Welf. & Inst. Code, § 224 et seq.).2 We affirm.

II. BACKGROUND3

On May 7, 2020, the Department filed a section 300 petition alleging the children were at risk of serious physical

In re S.M. CA2/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

I. INTRODUCTION

II. BACKGROUND3

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III. DISCUSSION

IV. DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KIM, J.

MOOR, J.

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