Sacramento County Department of Health & Human Services v. Curtis C.

Anisha H., mother of the minors, and Curtis C., father of A.C., appeal from orders denying the mother’s petition for modification and terminating parental rights. The father contends the juvenile court abused its discretion in denying his request for a continuance to permit him to file a *284 petition for modification. The mother argues the juvenile court abused its discretion in denying her petition for modification. The mother also asserts it was error in failing to give notice of the proceedings to a nonfederally recognized tribe and her trial counsel provided inadequate representation in failing to raise the issue. We affirm.

FACTS

The Department of Health and Human Services (DHHS) filed a petition to remove A.C., age 2, and A.H., age 5, from parental custody in July 2005, due to the parents’ domestic violence in the minors’ presence, the mother’s substance abuse problems, and her failure to comply with an informal supervision plan. The juvenile court sustained the petition and adopted a reunification plan for the parents.

At a hearing in August 2005, information was provided to the court that A.H. may have Indian ancestry. A DHHS paralegal spoke with the minor’s…