In re J.T. CA4/3

I. Introduction

K.K. (Mother) is the mother of J.T, who was taken into protective custody in July 2013 at the age of eight. Mother appeals from the juvenile court’s order under 1 Welfare and Institutions Code section 366.26 terminating parental rights to J.T. Mother argues the order terminating parental rights must be reversed because the juvenile court failed to comply with the Indian Child Welfare Act of 1978, 25 United States Code section 1901 et seq. (ICWA) with respect to J.T.’s father, D.T. (Father). There is no dispute the juvenile court complied with ICWA as to Mother. Father has not appealed. We affirm. We conclude any failure to comply with ICWA was harmless because substantial evidence supported a finding that Father denied any Indian ancestry.

II. Facts and Procedural History

Because the appeal is limited to the issue of ICWA compliance as to Father, we present an abridged statement of facts and procedural history. In July 2013, police officers took eight-year-old J.T. into protective custody after Mother reported she had been assaulted. The officers observed that Mother was mentally disturbed or under the influence of drugs. The officers learned that Mother had…