Adoption of H.M. CA2/6

Filed 6/18/24 Adoption of H.M. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

Adoption of H.M., a Minor. 2d Civ. No. B332831 (Super. Ct. No. T000177) (Ventura County)

A.F. et al.,

Plaintiffs and Respondents,

v.

J.M.,

Defendant and Appellant.

Guardians of a minor child petitioned the trial court to have the child declared free from the custody and control of his parents pursuant to Family Code section 7822 and Probate Code section 1516.5, so the guardians can adopt the child. After a contested hearing, the court granted the petition. The child’s mother appeals on the grounds that a proper inquiry into the child’s potential Indian ancestry was not

completed, and no counsel was appointed for the child. We affirm in part and reverse in part. We conditionally reverse and remand for the department to conduct a proper Indian Child Welfare Act (ICWA) inquiry. In all other aspects, we affirm. FACTS H.M. was born in December 2018, as a result of a brief sexual encounter between J.M. (Mother) and G.L. (Father). Mother and Father never married or cohabitated. Father was initially unaware of H.M.’s birth.1 Mother struggles with her mental health and was unable to care for H.M. Mother requested help from A.F. and N.F., her aunt and uncle (Petitioners). When H.M. was six weeks old, he began sleeping at Petitioners house. On November 26, 2019, Mother placed H.M. in Petitioners’ care. H.M. has resided with Petitioners since. On December 17, 2019, Mother signed an affidavit giving Petitioners temporary guardianship over H.M. until December 15, 2020. Mother visited H.M. fairly often. In March 2020, the Petitioners’ household was stricken with COVID-19. H.M. went to live with Mother while Petitioners’ family quarantined. On April 4, 2020, however, the sheriff and child protective services removed H.M. from Mother and returned him to Petitioners because Mother had threatened to kill herself and H.M. Petitioners obtained emergency temporary guardianship of H.M. on April 17, 2020. Thereafter Petitioners obtained permanent guardianship over H.M. Mother