Sonoma County Social Services Department v. Rosa P.

The chief question presented by this appeal is whether a trial court may dismiss a dependency proceeding after ordering a long-term placement as the permanent plan. In an unpublished portion of the opinion, we address the additional contention that the trial court failed to comply with the Indian Child Welfare Act despite indications in social workers’ reports and in testimony that the act might apply.

*275 Statement of the Case and Facts

Rosalinda C. was bom on May 2, 1988, a 31- to 32-week premature infant weighing 3 pounds. Appellant, her mother, reported that the father, Juan C., 1 lived in Mexico, was also the father of her older daughter, Alana, and had not been informed of Rosalinda’s birth.

On May 9, 1988, a petition was filed in the Sonoma County Juvenile Court alleging that Rosalinda came within the provisions of Welfare and Institutions Code section 300, subdivision (a), due to the presence of opiates in her bodily fluids, her mother’s drug use and failure to obtain regular prenatal care, and her father’s absence. Appellant admitted the allegations on May 31. Rosalinda was placed with appellant, who lived with her parents and sister, Julie Hernandez. A…