In re Michael K. CA5

INTRODUCTION

Appellant Manuel K. (father) contends the juvenile court erred in terminating his parental rights at a Welfare and Institutions Code1 section 366.26 hearing because the juvenile court failed to conduct an adequate inquiry into Indian ancestry of his sons, Michael and Gage, failed to provide adequate notice to the tribes, and erred in concluding the Indian Child Welfare Act (ICWA), 25 U.S.C. section 1901 et seq., did not apply. We disagree and affirm.

FACTUAL AND PROCEDURAL SUMMARY

On October 24, 2014, the Fresno County Department of Social Services (department) filed a section 300 petition on behalf of 17-year-old Manuel and one-year- old Michael.2 The petition alleged the children were at substantial risk due to mother’s history of substance abuse, unstable housing, and continued instability despite receiving family reunification services in 2007. The petition also alleged father and mother exposed the children to ongoing domestic violence. It also was alleged Manuel was at risk because no parent or guardian was willing or able to provide an appropriate plan for his care due to his out-of-control behavior and his mental health needs. On September 26, 2014, the…