In re R.B. CA4/3

INTRODUCTION

In August 2021, the juvenile court terminated the dependency proceedings involving 10-year-old R.B. and eight-year-old S.B. (collectively the children). The court’s exit orders granted joint legal and physical custody to the children’s parents, M.B. (father) and S.J. (mother), and placed the children’s primary residence with mother. Father appeals the exit orders. We affirm. The Orange County Social Services Agency (SSA) concedes on appeal there was ample evidence that would have supported an order establishing father’s home as the primary residence. However, the juvenile court did not err because substantial evidence also amply supported its findings, and the court’s orders did not exceed the limits of its discretion. The juvenile court praised mother’s performance on her case plan and questioned father’s credibility. At the hearing terminating the dependency proceedings, the children’s trial counsel supported the juvenile court’s decision. Father also contends that SSA and the juvenile court failed to follow the proper notice procedures under the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.) (ICWA). Because the children were never placed in foster…