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

July 16, 2012

IN RE N.N., A PERSON COMING UNDER THE JUVENILE COURT LAW. BUTTE COUNTY DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES, PLAINTIFF AND RESPONDENT,
v.
S.N., DEFENDANT AND APPELLANT.



(Super. Ct. No. J32000)

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

In re N.N.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 S.N., the mother of the minor N.N., appeals from the juvenile court's orders terminating her parental rights. (Welf. & Inst. Code, §§ 395, 366.26.) She contends the Butte County Department of Employment and Social Services (DESS) and the juvenile court did not comply with the notice requirements of the Indian Child Welfare Act. (ICWA; 25 U.S.C. § 1901 et seq.) We affirm.

BACKGROUND

Since mother's sole contention concerns ICWA notification, we offer an abbreviated summary of the dependency's factual and procedural background.

In March 2008 DESS filed a dependency action alleging jurisdiction over the minor and his siblings, D.N. and S.N.*fn1 The petition alleged that the minors were at risk of serious harm because mother and the father, K.G.,*fn2 had longstanding substance abuse problems that periodically prevented them from caring for their children. It was filed after an incident in March 2008, when mother was arrested for being under the influence of a controlled substance and father was intoxicated when a social worker brought the children to him.

Mother's extensive child welfare history includes a prior dependency action involving the minor and his siblings. The prior petition was sustained in July 2005, and the children were removed from the parents' custody in August 2005. They were returned to mother's custody under a family maintenance plan in January 2006.

The juvenile court sustained the instant petition in March 2008 after the parents waived their trial rights as to jurisdiction. The juvenile court ordered reunification services for the parents in June 2008.

The juvenile court terminated reunification services and set a selection and implementation hearing in April 2009. The selection and implementation hearing was continued and ultimately taken off calendar while DESS searched for an adoptive home. The minor moved into a prospective adoptive home in June 2010; he developed substantial emotional ties to the potential adoptive parents, who were committed to adopting him.

At the selection and implementation hearing, mother's counsel informed the juvenile court that he had not had any recent contact with her. The juvenile court terminated parental ...


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