San Bernardino County Department of Children's Services v. Shawn R.

Good Law
143 Cal. App. 4th 1426·2006 Cal. App. LEXIS 1617·2006 Daily Journal DAR 13951·49 Cal. Rptr. 3d 951·2006 Cal. Daily Op. Serv. 9766
Court of Appeal of CaliforniaOctober 17, 2006No. E039601California1,560 words

Opinion

lead Opinion

Gaut, J.

*1428 Opinion

1. Introduction

Defendant and appellant Shawn R. (father) is the natural father of Rebecca R. Father’s parental rights were terminated. He appeals, with the sole claim that the juvenile court failed to “ensure” that the San Bernardino County Department of Children’s Services (DCS) inquire of him whether he had any Indian ancestry for purposes of the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.; ICWA). We affirm.

2. Factual and Procedural History

Rebecca was detained in 2003. Her mother, Stephanie L., was arrested for drug use and had a history of mental health problems. Father also had drug abuse issues, which prevented him from caring for the child. In over a year of reunification proceedings, father did little or nothing to complete his service plan and demonstrated no interest in the child. The court terminated his parental rights. Father appeals.

3. Analysis

No Reversal Is Required

Father now argues that the termination order should be set aside because, even though the trial court ordered DCS to inquire of him whether he had any Indian ancestry, there is no documentation in the record to show whether this was in fact done. No reversal is…

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