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In Re T.L., A Person Coming Under the Juvenile Court Law. v. T.D

April 9, 2012

IN RE T.L., A PERSON COMING UNDER THE JUVENILE COURT LAW. SAN JOAQUIN COUNTY HUMAN SERVICES AGENCY, PLAINTIFF AND RESPONDENT,
v.
T.D., DEFENDANT AND APPELLANT.



(Super. Ct. No. J04951)

The opinion of the court was delivered by: Nicholson , Acting P. J.

In re T.L.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appellant T.D., the mother of the minor T.L., appeals from the juvenile court's orders terminating parental rights. (Welf. & Inst. Code, §§ 395, 366.26; undesignated statutory references that follow are to this code.) She contends there was a failure to comply with the notice provisions of the Indian Child Welfare Act (ICWA). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

T.L. was born in June 2004. In July 2008, mother was arrested and charged with public intoxication and child endangerment when she was found too intoxicated to care for herself or the minor. In August 2008, mother's roommate assaulted her while they were drinking alcohol and smoking marijuana. The parents did not have stable housing, and were living with the minor in a downtown hotel frequented by transients, drug addicts and alcoholics.

The San Joaquin County Human Services Agency (Agency) filed a dependency petition in August 2008, alleging jurisdiction pursuant to section 300, subdivision (b) (failure to protect). The juvenile court issued a protective custody warrant the following day.

Mother said the minor might have Indian heritage at the September 2008 hearing to recall the warrant. Mother filled out an Indian ancestry questionnaire indicating that she might have Indian ancestry but did not know what tribe. Father said he had no Indian ancestry.

The parents pled no contest to jurisdiction in October 2008. The juvenile court ordered services for the parents at the dispositional hearing held later in the month. The six-month review report noted father was complying with the case plan while mother was progressing with in-patient services. The juvenile court continued services.

An October 2009 report stated mother was doing well in a new program after being discharged from her previous program for testing positive for alcohol. Father was actively working in his program and found stable housing. The juvenile court continued services for another six months.

The April 2010 report recommended terminating services for the parents. Mother was discharged from her treatment program in November 2009 for consuming alcohol. In December 2009, she attended a drug court hearing with a blood-alcohol level of .122 percent. She was discharged from drug court for continuous noncompliance in February 2010. Father continued to be in a relationship with mother and no longer maintained contact with the Agency. The juvenile court terminated services for the parents and set a section 366.26 hearing for October 2010.

The juvenile court learned in October 2010 that the maternal grandmother recently claimed Indian heritage at a hearing on her writ petition regarding placement. The maternal grandmother told the court she intended to provide the information if given enough ...


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