John O. v. Scott R.
Opinion
lead Opinion
Irion, J.
—Scott R. appeals from an order terminating his parental rights to his biological daughter, A.B., under Family Code section 7822, 1 which authorizes the termination of rights of a parent who “has left the child in the care and custody of the other parent for a period of one year without any provision for the child’s support, or without communication . . . with the intent ... to abandon the child.” (§ 7822, subd. (a)(3), italics added.) He contends that the one-year statutory period refers only to the year immediately preceding the filing of the petition for termination of parental rights, which precludes its application to him. Alternatively, Scott asserts that reversal is warranted in any event because (1) he rebutted the presumption that he intended to abandon A.B., (2) the termination of his rights was not in A.B.’s best interests and (3) the juvenile court erred in determining that the Indian Child Welfare Act of 1978 (ICWA) ( 25 U.S.C. § 1901 et seq.) did not apply absent proof that a tribe he identified actually received notice as required under that statutory scheme. We reject Scott’s arguments and affirm the order.