In re Y.M.

Filed 9/2/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re Y.M., a Person Coming Under the Juvenile Court Law.

D080349

SAN DIEGO COUNTY HEALTH

AND HUMAN SERVICES

AGENCY,

(Super. Ct. No. J517208D) Plaintiff and Respondent,

v.

J.V.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Marissa A. Bejarano, Judge. Affirmed.

Suzanne Davidson, under appointment by the Court of Appeal, for Defendant and Appellant. Claudia Silva, Acting County Counsel, Caitlin E. Rae, Chief Deputy, Emily Harlan, Deputy County Counsel, for Plaintiff and Respondent. J.V. (Father) appeals from a Welfare and Institutions Code section

366.261 order terminating his parental rights to his now three-year-old daughter, Y.M. His sole contention is that the San Diego County Health and Human Services Agency (the Agency) did not comply with its initial duty to inquire regarding Y.M.’s possible Indian ancestry under section 224.2, subdivision (b), which implements in part the federal Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA). The Agency concedes that it did not comply with its section…