In re K.B. CA4/2

Defendant and appellant K.B. (mother) appeals from the trial court’s order placing her youngest son, X.B., with his nonoffending and noncustodial biological father, K.D. (father), who lives out of state. She argues that the court erred by failing to find under Welfare and Institutions Code section 361.2, subdivision (a), that it would be detrimental to X.B.’s emotional well-being to be separated from his maternal family. Mother requests that X.B. be placed with his older sibling, K.B., in the home of his maternal grandmother. She also argues that the court failed to give proper notice under the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.). We affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. Detention and Jurisdiction.

Six-year-old X.B. and his 12-year-old brother, K.B., have different fathers. Prior to detention, the boys lived with mother and her boyfriend in Riverside. The boys came to the attention of the Riverside County Department of Public Social Services (the Department) after it was reported that mother had been physically abusing K.B. The Department placed the boys in the home of the maternal grandmother, who also lives in…