Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re C. Y., A Person Coming Under the Juvenile Court Law. v. N. Y

July 11, 2012

IN RE C. Y., A PERSON COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH & HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
N. Y., DEFENDANT AND APPELLANT.



(Super. Ct. No. JD229817)

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

In re C.Y. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Mother appeals from the juvenile court's order terminating her parental rights. (Welf. & Inst. Code, § 366.26.)*fn1 [1] Mother contends the order must be reversed because the Sacramento County Department of Health and Human Services (DHHS) did not make an adequate inquiry into the minor's Indian ancestry as required by the Indian Child Welfare Act (25 U.S.C., § 1901 et seq. (ICWA)). We affirm.

BACKGROUND

We do not recite the facts underlying dependency jurisdiction and reunification efforts, as they are immaterial to the issues before us.

In June 2009, DHHS filed a section 300 petition on behalf of the then four-year-old minor, alleging mother had a substance abuse problem for which she refused treatment and which placed the minor at risk. The minor's father is deceased, having died in November 2008. At the initial hearing, mother informed the court that the minor may have Indian ancestry and provided the court with a Parental Notification of Indian Status (IWCA-020) form. The form indicated that mother may have Indian ancestry but the name of the possible tribe was "unknown."

Mother did not provide DHHS with a completed Indian Ancestry Questionnaire or a family tree diagram. Accordingly, the ICWA Notice of Child Custody Proceeding, sent to the Bureau of Indian Affairs (BIA), contained: (1) the minor's name and date of birth, (2) mother's name, address, date of birth, and that no tribe was identified, (3) father's name, date of birth, date of death (incorrectly stated as December 2008), and that there was no information as to tribal affiliation, and (4) the maternal grandfather's name.*fn2 [2] DHHS used the ICWA-030 form to provide this information. Mother informed the court that the information on the form was accurate.

No response from BIA was filed with the court. On March 3, 2010, DHHS filed an in-home status review report indicating the minor was not an Indian child under ICWA. The report recommended termination of dependency. The court subsequently terminated dependency status for the minor. Accordingly, no ICWA finding was made.

In May 2011, a new section 300 petition was filed on behalf of the minor. The petition alleged mother had resumed her substance abuse, had failed and/or refused treatment, and the minor was again at risk. The petition also alleged the minor was at risk because the condition of mother's home did not meet basic health and safety standards.

At the May 11, 2011, detention hearing, mother provided the court with another Parental Notification of Indian Status (IWCA-020) form, indicating, simply, that she may have Indian ancestry. Mother informed the court that she did not know the name of the tribe with which she may be affiliated. She explained that she had been adopted and had lost the document that had indicated her biological parents' lineage. As she recalled, the document had listed her biological parents' and grandparents' names and nationalities, and American Indian was one of them.*fn3 [3] The court asked mother's adoptive father, who was present in court, if he knew the names of the tribes and, although he could confirm that the adoption paperwork indicated mother had some Indian ancestry, he did not know with which tribes she was affiliated, nor did he know of anyone who might have that information. Mother (born in 1966) had been adopted in San Mateo County. The court then asked mother if she knew if the minor's deceased father had any Indian heritage and mother indicated that, to the best of her knowledge, he did not.

The court found the minor may be an Indian child and ordered mother to complete an Indian Ancestry Questionnaire and return it to DHHS within two days. Mother did not fill out the form. DHHS sent the ICWA Notice of Child Custody Proceeding to BIA, with the following information: (1) the minor's name, date of birth, and place of birth, (2) mother's name, address, date of birth, place of birth, and that no tribe was identified, (3) father's name, date of birth, date of death, place of death, and that there was no information as to tribal affiliation, (4) the maternal grandmother's name, and (5) the maternal grandfather's name, address, and date of birth.*fn4 [4]

At the June 3, 2011, pre-jurisdictional status conference, the court specifically addressed the ICWA notice that had been sent to BIA. DHHS had filed a report indicating mother reported she had been adopted when she was a baby and was told her birth records stated she may have Indian heritage but it was not specified. She did not know with which tribe she may be affiliated. She believed the minor was determined to be not eligible for enrollment in any tribe in the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.