In re J.S. CA2/1

Filed 7/27/23 In re J.S. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re J.S., a Person Coming B316323 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 20CCJP04850)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

D.L.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Pete R. Navarro, Judge Pro Tempore. Affirmed.

Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel and Kim Nemoy, Assistant County Counsel, for Plaintiff and Respondent. ____________________

Mother appeals the denial of her Welfare and Institutions Code section 388 petition.1 Her sole contention on appeal is that the juvenile court erred in not ordering the Los Angeles County Department of Children and Family Services (DCFS) to send notice to the Apache Tribes because the court had reason to know mother’s child, J.S., is an Indian child. Mother’s premise is incorrect; the juvenile court did not have reason to know J.S. is an Indian child. We thus affirm.

BACKGROUND We summarize only those facts relevant to this appeal. Mother has six children. The youngest, J.S., was born in September 2020. Prior to the current dependency proceedings, all of mother’s children, except J.S., were removed from her custody because of mother’s longstanding drug abuse. The case before us involves only J.S. DCFS filed a section 300 petition on September 15, 2020 when J.S. was only weeks old and born with a positive toxicology for Benzodiazepines. The juvenile court sustained allegations that mother has a history of drug abuse and currently abuses benzodiazepine, marijuana, opiates, and prescription medication,