In re Miguel S. CA4/3

INTRODUCTION

U.S., the presumed father of now five-year-old Robert S. and four-year-old Miguel S. (collectively, the children), and J.V., Robert’s biological father, each appeal from the juvenile court’s order terminating their parental rights. U.S. and J.V. argue insufficient evidence supports the juvenile court’s finding that the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq.) did not apply in this case, and further argue the Orange County Social Services Agency (SSA) failed to comply with its obligations under ICWA by not responding to a request for additional information from an Indian tribe regarding the children. U.S. and J.V. also argue the juvenile court erred by finding the children adoptable and terminating parental rights while a child abuse report investigation was pending. We affirm. Substantial evidence supports the juvenile court’s finding that ICWA did not apply because neither Robert nor Miguel met the definition of an Indian child. Although evidence showed the children were eligible to enroll in more than one Indian tribe, in In re Abbigail A. (2016) 1 Cal.5th 83, 88 (Abbigail), the California Supreme Court recently held that ICWA does not…