Orange Cnty. Soc. Servs. Agency v. United States (In re Miguel S.)

INTRODUCTION

U.S., the presumed father of now five-year-old Robert S. and three-year-old Miguel S. (collectively, the children), and J.V., Robert's biological father, each appeal from the juvenile court's order terminating their parental rights. U.S. and J.V. argue insufficient evidence supports the juvenile court's finding that the Indian Child Welfare Act of 1978 (ICWA; 25 U.S.C. § 1901 et seq. ) does not apply in this case, and further argue the Orange County Social Services Agency (SSA) failed to comply with its obligations under ICWA. U.S. and J.V. also argue the juvenile court erred by finding the children adoptable and terminating parental rights while a child abuse report investigation was pending.

We grant SSA's unopposed motion to take additional evidence under Code of Civil Procedure section 909, which shows the juvenile court concluded the child abuse report was unfounded and the home study for Miguel and Robert's prospective adoptive parents was completed and approved by SSA. That evidence moots U.S.'s and J.V.'s challenges to the order terminating parental rights based on the pendency of the child abuse report investigation at the time of the permanency…