S.C.

Alameda County Social Services Agency v. S.C.

Good Law
119 Cal. Rptr. 3d 474·190 Cal. App. 4th 1470·2010 Cal. App. LEXIS 2123
Court of Appeal of CaliforniaDecember 8, 2010No. A127208California3,331 words

Opinion

Lead Opinion

Sepulveda, J.

Appellant S.C. (mother) appeals from orders dismissing dependency jurisdiction as to her children Grace C. and Angelo C. after *1472 relatives were appointed as legal guardians for the minors. Mother claims that (1) the juvenile court abused its discretion by dismissing dependency, (2) the court improperly delegated discretion to the minors’ legal guardians and therapist over visitation, and (3) respondent Alameda County Social Services Agency (Agency) failed to comply with the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.) (ICWA). We affirm.

I.

Factual and Procedural Background

The Agency filed a juvenile dependency petition pursuant to Welfare and Institutions Code section 300, subdivisions (b) 1 (failure to protect) and (g) (no provision for support) on December 15, 2004, when Grace was less than a week old. The petition (case No. 0104000155) alleged that mother and Grace tested positive for cocaine at the time of Grace’s birth; that mother was on probation and had been previously incarcerated for drug sales; that mother had an “unstable, complicated home situation” that included a history of domestic violence; and that mother was unable to identify…

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