San Diego County Health & Human Services Agency v. Michael L.

Michael L. appeals a judgment declaring his minor daughter, G.L., a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivisions (a) and (b), and removing G.L. from parental custody. Michael, an enrolled member of the Viejas Band of Mission Indians (Viejas tribe), contends the jurisdictional findings and dispositional order must be reversed because the court and the San Diego County Health and *687 Human Services Agency (Agency) did not comply with the notice provisions of the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.) (ICWA) affecting the rights of the paternal grandmother, Mary W, who was G.L.’s Indian custodian. Michael further contends the court erred by declining to place G.L. with Mary under ICWA’s placement preferences.

We conclude ICWA’s notice requirements for an Indian custodian were not violated, and to the limited extent Mary’s rights as GJL.’s Indian custodian were implicated, any error was harmless. We further conclude substantial evidence supports the court’s finding that good cause existed to deviate from ICWA’s statutory placement preferences. Accordingly, we affirm the judgment.

FACTUAL AND PROCEDURAL…