In re Andre T.

Filed 2/7/07  In re Andre T. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of San Bernardino County.  Deborah A. Daniel, Temporary Judge.  (Pursuant to Cal. Const., art. VI, § 21.)  Affirmed.

            Neil R. Trop, under appointment by the Court of Appeal, for Defendant and Appellant.

Ruth E. Stringer, Acting County Counsel, and Phebe W. Chu, Deputy County Counsel, for Plaintiff and Respondent.

Ellen L. Bacon, under appointment by the Court of Appeal, for Minor.

Tamarra T. (mother) challenges the juvenile court's order terminating her parental rights to her son, Andre, pursuant to Welfare and Institutions Code^[1] section 366.26.  Her only contention is that the San Bernardino County Department of Children's Services (DCS) failed to comply with the notice provisions of the Indian Child Welfare Act (ICWA), requiring reversal.  We find that DCS substantially complied with the notice requirements and therefore reject mother's claim.

FACTUAL AND PROCEDURAL BACKGROUND

Andre was born in June 2005, one month after mother was released from prison.  When he tested positive for methamphetamine, mother was offered a voluntary plan of family maintenance.  Within a few weeks, before she had a chance to participate in any services, mother was arrested for violating the terms of her probation, and was again incarcerated.  Andre was placed in foster care, and a juvenile dependency petition was filed.  The whereabouts of Andre's father, Charles F., were then unknown. 

Shortly thereafter, mother advised the social worker that Andre's maternal grandfather, Robert Tanner, may be â€