Mendocino Cnty. Health & Human Servs. Agency v. J.R. (In re E.R.)

*893 We are familiar with this dependency proceeding, having issued a prior opinion in the matter. (See In re E.R. (2016) 244 Cal.App.4th 866 , 199 Cal.Rptr.3d 244 ( E.R. ).) In that previous consolidated appeal, we concluded that the minors' mother revoked maternal uncle Rafael H.'s Indian custodian status for purposes of the Indian Child Welfare Act of 1978 (ICWA), 25 United States Code section 1901 et seq., shortly after the children were detained. ( E.R. , supra , 244 Cal.App.4th at pp. 873-877, 199 Cal.Rptr.3d 244 .) We further determined that "compelling" evidence was presented in the juvenile court supporting that court's refusal to place the minors with Rafael as an extended family member-a preferred placement under the ICWA-given the children's special needs and Rafael's own cognitive deficits. ( Id. at pp. 880-881, 199 Cal.Rptr.3d 244 .) Finally, we rejected Rafael's challenge to two permanent plan orders maintaining the minors in long-term foster care, opining that Rafael could not contest the selection and maintenance of the minors' permanent plans as he was no longer a party to the dependency proceedings. ( Id. at pp. 881-882, 199 Cal.Rptr.3d 244 .)

While the appeals…