In re J.D. CA4/2

I.

INTRODUCTION

J.D. (Father) appeals the juvenile court’s order terminating his parental rights to

his son, J.D., and freeing him for adoption. Father’s sole argument on appeal is that the

juvenile court incorrectly found that the federal Indian Child Welfare Act (ICWA) and

related California law did not apply. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

J.D. and his mother (who is not a party to this appeal) tested positive for cocaine

when J.D. was born. San Bernardino County Children and Family Services (CFS)

interviewed mother and Father and determined that J.D. was at a serious risk of harm.

CFS therefore obtained a warrant to remove J.D. from the parents’ care and filed a

petition on his behalf under Welfare and Institutions Code section 300, subdivision 2 (b)(1). The juvenile court sustained the petition and ordered J.D. detained.

1 We provide only a brief background of the proceedings given that Father only challenges the juvenile court’s ICWA findings. 2 Unless otherwise indicated, all further statutory references are to the Welfare and Institutions Code.

2 Mother initially told CFS that she may have Indian ancestry, but she had no proof

of it.…