Shasta County Department of Social Services v. Ronald F.

Ronald E, biological father of the minor, appeals from the judgment of disposition. (Welf. & Inst. Code, §§ 358, 360, 395; further undesignated statutory references are to this code.) Appellant contends the juvenile court erred in failing to (1) set aside a voluntary declaration of paternity executed by another man; (2) find he was a presumed father under Adoption of Kelsey S. (1992) 1 Cal.4th 816 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ] {Kelsey S.); and (3) require compliance with newly enacted section 224.3, subdivision (e)(1), relating to notice under the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.). We affirm.

FACTS

In September 2006, the Shasta County Department of Social Services (DSS) removed the minor, who tested positive for methamphetamine and marijuana at birth, from the mother’s custody. Appellant was incarcerated at the time for failure to register as a sex offender. DSS filed a petition alleging the minor and his half sibling were at risk of physical harm due to the mother’s substance abuse problems and because the mother allowed appellant, who had a criminal history of violence, sex offenses and drugs, to stay in the home. 1 The court…