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 A.P., A Person Coming Under the Juvenile Court Law. v. A.P

November 7, 2012

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



(Super. Ct. No. JD229268)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A.P., the father of three-year-old minor A.P., appeals from an order of the Sacramento County Juvenile Court terminating his parental rights.

On appeal, father contends the order must be reversed due to the juvenile court's failure to comply with the notice provisions of the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.) We shall affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Because father's contentions relate exclusively to the issue of ICWA compliance, our statement of facts is limited to that issue.

Prior Dependency Proceeding

The minor was the subject of a prior juvenile dependency case, initiated by a February 2009 Welfare and Institutions Code*fn1 section 300 petition filed by the Sacramento County Department of Health and Human Services (Department). In February 2009, father told the social worker that both his parents have Cherokee heritage. At the initial hearing, the juvenile court ordered father to "complete and return the Indian Ancestry Questionnaire to the Department with[in] two days."

By March 2009, the Department had not received father's questionnaire. On March 6, 2009, the Department sent notice to the three federally recognized Cherokee tribes containing the minimal information the Department had.

Thereafter, the Department received an Indian Ancestry Questionnaire and a "family tree" completed by the paternal grandmother, Jackie P. On the tree, Jackie P. identified the "Paternal Grandfather" as "Robert E[.]C[.] [sic]," and identified the "Paternal Grandmother" as "Sylvia A[.]C[.] [sic]." Jackie P. identified the "Paternal Gt. Grandfather" as "unknown J[.]" and identified the "Paternal Gt. Grandfather" as "C[.]"

After receiving the documents from Jackie P., the Department's ICWA paralegal telephoned father. Father "review[ed] and clarif[ied] information in the Indian Ancestry Questionnaire." Based on the corrections provided by father, the paralegal prepared an amended notice (form ICWA-030) and sent a second round of notices to the tribes. The amended notice included "information of new/additional ICWA-Family Heritage/Ancestry [that had been] provided to" the Department.

On the amended notice, the "Father's Biological Mother (Child's Paternal Grandmother)" is listed as "Jacqulyn (Jackie) Terese P[.] (Maiden: C[.])." The "Father's Biological Father (Child's ...


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.