In re E.R. CA4/2

INTRODUCTION

V.V., the biological father of E.R., appeals from an order of the juvenile court

denying his Welfare and Institutions Code1 section 388 petition and terminating his

parental rights to E.R. who was born in February 2013. V.V. also asserts a violation of

the Indian Child Welfare Act of 1978 (ICWA)2 notice requirements.

The record demonstrates that V.V. dated mother briefly from April to June 2012.

In August or September 2012, V.V. knew mother was pregnant but he ceased having any

contact with her. In April or May 2013, he knew E.R. had been born. Nevertheless, V.V.

did not come forward to claim paternity until mid-June 2013.

We hold the juvenile court properly denied V.V.’s section 388 petition and

terminated parental rights. We remand, however, ordering the juvenile court to comply

with ICWA notice provisions. Otherwise, we affirm the judgment.

1 All further statutory references are to the Welfare and Institutions Code.

2 25 United States Code section 1901 et seq.

2 II

FACTUAL AND PROCEDURAL BACKGROUND

A. Detention and Pretrial Proceedings

CFS3 filed an original dependency petition in February 2013. When E.R. was

born that month, both he and the…