In re Destiny M. CA2/3

INTRODUCTION

Ashley J., mother of 13-month-old Destiny M., appeals from the disposition order of the juvenile court. She contends that the court erred by not ensuring proper notification under the Indian Child Welfare Act, title 25 of the United States Code section 1901 et seq. (ICWA) (Welf. & Inst. Code, § 224 et seq.).1 We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Department of Children and Family Services detained Destiny based on 2 reports of extreme domestic violence between her parents. Father is serving a nine-year prison sentence for domestic violence. At the detention hearing, father filed a notification of Indian status stating he is Native American because his mother, Nora M., and Destiny‟s maternal great- grandparents are all full-blood Navajo. Father did not know the birth dates or places, or current or past residences of Destiny‟s great-grandparents. The juvenile court detained Destiny and ordered her released to mother‟s care. The court then ordered the Department to contact father‟s family to investigate the claim of Native American Heritage. At the hearing held in February 2012, the paternal grandmother Nora M. informed the juvenile court that she is a…