San Diego Cnty. Health & Human Servs. Agency v. C.T. (In re C.A.)

Good Law
234 Cal. Rptr. 3d 319·24 Cal. App. 5th 511
Court of Appeal of CaliforniaMay 23, 2018D073229California4,900 words

Opinion

lead Opinion

Irion, J.

*513 C.T. and D.A. appeal the juvenile court's order terminating C.T.'s parental rights to her minor daughter, C.A., and earlier orders finding the Indian Child Welfare Act (ICWA; 25 U.S.C. § 1901 et seq. ) did not apply to C.A.'s presumed father, D.A., or C.A.'s biological father, D.R. We reject these challenges and affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

On December 1, 2015, the San Diego County Health and Human Services Agency (Agency) filed a petition under *514 Welfare and Institutions Code section 300, subdivision (b), 1 after C.T. and C.A. tested positive for amphetamine and methamphetamine at C.A.'s birth. C.T. also tested positive for marijuana and admitted that she had used methamphetamine and other drugs during her pregnancy. At birth, C.T. reported that D.A. was C.A.'s father. At the detention hearing, the juvenile court appointed counsel for D.A. and C.A. The Agency's attorney, however, informed the court that D.A. was not C.A.'s biological father. As a result, the court deferred the issue of paternity to the next hearing. D.A. reported that he had Cherokee heritage, and the court deferred ICWA issues and ordered D.A. to complete the standard ICWA form.…

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