In re C.E. CA4/1

Filed 11/8/23 In re C.E. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re C.E., a Person Coming Under the Juvenile Court Law. D082302 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. CJ1314B)

Plaintiff and Respondent,

v.

V.D.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Michael P. Pulos, Judge. Affirmed. Lelah S. Fisher, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia G. Silva, County Counsel, Lisa M. Maldonado, Chief Deputy County Counsel, and Eliza Molk, Deputy County Counsel, for Plaintiff and Respondent.

Mother1 appeals the June 8, 2023 jurisdiction and dispositional orders. In the orders, the juvenile court found that her child was not an Indian child within the meaning of the Indian Child Welfare Act (ICWA), title 25 U.S.C. section 1901 et seq. Her sole contention is that the San Diego County Health and Human Services Agency (Agency) failed adequately to inquire into C.E.’s Native American ancestry as required by ICWA (25 U.S.C. § 1901 et seq.) and Welfare and Institutions Code2 section 224.2. We disagree and affirm. I. BACKGROUND Given the sole issue on appeal, a detailed factual background is not necessary. Mother had sole custody of C.E. C.E. ran away from Mother in April or May 2022. Mother reported C.E. missing on September 11, 2022. On or about November 1, 2022, police detained C.E. Mother refused to pick him up when he was detained. In November 2022, the Agency filed a petition on behalf of then 16-year-old C.E. under section 300, subdivision (b). Mother was an “absent caregiver” and was “unwilling and unable to provide care” for C.E., or limit his dangerous behaviors, including substance use. C.E. has a history of running away from Mother. At the detention hearing on November 7, 2022, the juvenile court sustained the allegations of the petition and detained C.E. The court directed the Agency to investigate “whether [C.E.] is an Indian child.” Mother and Father denied ICWA ancestry. C.E. denied ICWA ancestry and explained that his half-brother may have ICWA ancestry on his father’s side; the brothers do not share a father and the half-brother was never a