In re K.A. CA5

INTRODUCTION

Steve A., father, appeals from the juvenile court’s orders pursuant to Welfare and Institutions Code section 366.261 terminating his parental rights to K.A. and E.A.2 Father argues that the Madera County Department of Social Services (department) failed to make a proper inquiry of his children’s Indian ancestry pursuant to the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq.). Father does not challenge the adequacy of ICWA notices sent based on his own assertion of Indian heritage, but contends notices sent out based on mother’s assertion of Indian heritage were inadequate. The alleged inadequacies of ICWA notice concerning mother occurred prior to the juvenile court’s dispositional orders on May 10, 2012, and neither parent appealed the juvenile court’s finding that the ICWA did not apply to the children. We therefore find our opinion in In re Pedro N. (1995) 35 Cal.App.4th 183, 185, 189 (Pedro N.) dispositive, reject father’s contentions, and affirm the juvenile court’s orders.

FACTS AND PROCEEDINGS

On January 25, 2012, a petition was filed pursuant to section 300 on behalf of K.A, born in April 2006, and E.A., born in June 2011, alleging that mother and…