San Bernardino County Department of Children's Services v. Marlene G.

*87 Opinion

Marlene G. (Mother) appeals from the juvenile court’s order terminating her parental rights to her child, Esmeralda S. (Welf. & Inst. Code, § 366.26, subd. (c)(1).) 1 Mother makes two contentions. In the published portion of our Discussion, Mother argues that her due process rights were violated when the juvenile court appointed her a guardian ad litem. In the unpublished portion, Mother contends the juvenile court and the San Bernardino County Department of Children’s Services (the Department) did not properly inquire into her and Jesus G.’s (Father) possible American Indian ancestry for purposes of complying with the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.; ICWA). 2 We disagree with Mother’s contentions and affirm the judgment.

FACTS

1.

DETENTION

On August 3, 2006, San Bernardino city police attempted to stop Mother for a traffic violation. Mother did not stop and instigated a 12-minute police pursuit, during which she committed several traffic violations. Esmeralda, who was seven months old at the time, was in Mother’s vehicle during the pursuit. Esmeralda was incorrectly strapped into an inappropriately sized car seat. Mother was arrested…