In Re Rebecca R.

Bad Law
143 Cal. App. 4th 1426·49 Cal. Rptr. 3d 951
Court of Appeal of CaliforniaOctober 17, 2006E039601California1,549 words

Opinion

Opinion

Michael D. Randall, under appointment by the Court of Appeal, for Minor.

Defendant and appellant Shawn R. (father) is the natural father of Rebecca R. Father's parental rights were terminated. He appeals, with the sole claim that the juvenile court failed to "ensure" that the San Bernardino County Department of Children's Services (DCS) inquire of him whether he had any Indian ancestry for purposes of the Indian Child Welfare Act (ICWA). We affirm.

Rebecca was detained in 2003. Her mother, Stephanie L., was arrested for drug use and she had a history of mental health problems. Father also had drug abuse issues, which prevented him from caring for the child. In over a year of reunification proceedings, father did little or nothing to complete his service plan and demonstrated no interest in the child. The court terminated his parental rights. Father appeals.

Father now argues that the termination order should be set aside because, even though the trial court ordered DCS to inquire of him whether he had any Indian ancestry, there is no documentation in the record to show whether this was in fact done. No reversal is required.

Mother was arrested on December 30, 2003.…

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