In re L.S. CA2/5

Filed 12/13/23 In re L.S. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 L.S., a Person Coming B328502 Under the Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN Super. Ct. AND FAMILY SERVICES, No. 21CCJP03065A)

Plaintiff and Respondent,

v.

M.S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kristen Byrdsong, Temporary Judge. Dismissed. Gina Zaragoza, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and David Michael Miller, Senior Deputy County Counsel, for Plaintiff and Respondent.

M.S. appeals from the April 11, 2023 order terminating parental rights to L.S. (minor) under Welfare and Institutions Code section 366.26.1 M.S. contends that the juvenile court erroneously failed to ensure 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.). Because M.S. is an alleged father, we dismiss his appeal.

FACTUAL AND PROCEDURAL BACKGROUND2

M.S. is minor’s alleged father, and his name does not appear on minor’s birth certificate. Shortly after N.K. (mother)3 gave birth to minor, the Los Angeles County Department of Children and Family Services (Department) filed a section 300 petition alleging minor was at risk of harm based on mother and minor testing positive for methamphetamine and opiates at the child’s birth, M.S.’s status as a past and current substance abuser, and mother and M.S.’s failure to reunify with other children who had previously been declared dependents by the juvenile court. M.S. was incarcerated at the time minor was detained.