In re Jesse S. CA5

INTRODUCTION

On appeal, Jerry G. (Father) argues the juvenile court abused its discretion by granting Joyce S.’s (Mother) petition pursuant to Family Code section 7822 because the court did not act in Jesse S.’s best interests, as compelling evidence established the minor wanted a relationship with Father. Father also contends the court’s order granting the petition must be conditionally reversed due to insufficient compliance with the notice provisions of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) We will affirm.

PROCEDURAL AND FACTUAL SUMMARY

Mother and Father met in 2003. After Mother became pregnant and advised Father of the pregnancy, he became threatening; Father advised Mother he had been told by someone that her child was not his and he did not want to be listed on the birth certificate. In July of that year, Mother ended the relationship and obtained a restraining order against Father. When the minor was about a year old,1 Mother and Father established a visitation plan. They began dating again and became engaged in the summer of 2007. Ultimately, however, their relationship ended due to Father’s anger. Court-ordered visitation plans were…