ALICIA B. v. Superior Court
Opinion
Opinion
Aaron, J.
The San Diego County Health and Human Services Agency (HHSA) took newborn Christopher K. into protective custody after his mother, Alicia B., admitted she used methamphetamine in the week before delivery and he tested positive for alcohol. The juvenile court denied reunification services and set a permanent planning hearing.
Alicia seeks writ review. (Welf. & Inst. Code § 366.26, subd. (l); Cal. Rules of Court, rule 39.IB.) She claims the court erred by not placing Christopher with Susan S., his maternal grandmother, and by finding the Indian Child Welfare Act of 1978 (the ICWA) ( 25 U.S.C. § 1901 et seq.) did not apply. We issued an order to show cause, HHSA responded, and the parties waived oral argument. We review the petition on the merits and deny it.
PROCEDURAL AND FACTUAL BACKGROUND
In July 2003 Alicia gave birth to Christopher, her sixth child. She admitted methamphetamine use the week before and the day before delivery. Alicia tested positive for methamphetamine, and Christopher tested positive for ethanol (alcohol).
On July 22 HHSA filed a petition on Christopher’s behalf, alleging Alicia’s substance abuse rendered her unable to provide regular care for him…