Siskiyou Cnty. Health & Human Servs. Agency v. A.A. (In re K.L.)

Good Law
237 Cal. Rptr. 3d 915·27 Cal. App. 5th 332
Court of Appeal of CaliforniaSeptember 18, 2018C079100California2,684 words

Opinion

lead Opinion

Hull, J.

*334 Appellant, the noncustodial biological father of the minor, appeals from the juvenile court's dispositional judgment, removing the minor from his mother and placing him with his presumed father, L.V. ( Welf. & Inst. Code, § 395 [unless otherwise set forth, statutory section references that follow are to the Welfare and Institutions Code].) The Karuk Indian Tribe has intervened on appeal. They contend the juvenile court failed to comply with the procedural requirements of the Indian Child Welfare Act of 1978 (hereafter ICWA) in entering its dispositional judgment. ( 25 U.S.C. § 1912 .) Finding the provisions of ICWA do not apply, we affirm the judgment.

FACTS AND PROCEEDINGS

In August 2014, the Siskiyou County Health and Human Services Agency (hereafter Agency) filed a section 300 petition on behalf of the two-year-old minor and his older half sibling, after mother was arrested for child cruelty and possession of a controlled substance. The minors were temporarily detained together in a nonrelative foster home. L.V. is the father of the minor's half sibling. (The minor's half sibling is not a subject of this appeal.) The petition alleged that the minor's father's identity…

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