In re P.R.

Shasta County Health & Human Services Agency v. Ashley M.

Good Law
186 Cal. Rptr. 3d 883·2015 Cal. App. LEXIS 403·236 Cal. App. 4th 936
Court of Appeal of CaliforniaMay 12, 2015C077293California1,546 words

Opinion

Opinion

Duarte, J.

Ashley M., mother of the minor (mother), appeals from orders of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395.j Mother’s sole contention is that substantial evidence does not support the juvenile court’s finding that there was good cause to deviate from the adoption placement preferences of the Indian Child Welfare Act of 1978 (ICWA). ( 25 U.S.C. § 1901 et seq.) As we will explain, because mother lacks standing to challenge the placement order, we will dismiss the appeal.

FACTS

The two-year-old minor, P.R., was detained in March 2013 due to mother’s neglect as a result of serious substance abuse and father’s absence. At the detention hearing both parents claimed Indian heritage. Mother’s Judicial Council form ICWA-020 claimed Indian ancestry in the Creek, Cherokee and Sioux tribes. Shasta County Health and Human Services Agency (the Agency) sent notice of the proceedings to all relevant tribes.

The disposition report recommended services for the parents and indicated the minor might be eligible for membership in the Muscogee Creek Nation (the tribe). Pending the jurisdiction/disposition hearing, the minor was placed in a…

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