In re David C.
Filed 9/15/06 In re David C. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| In re DAVID C. et al., Persons Coming Under the Juvenile Court Law. | |
| SAN BERNARDINO COUNTY DEPARTMENT OF CHILDREN'S SERVICES, Plaintiff and Respondent, v. N.C., Defendant and Appellant. | E039794 (Super. Ct. Nos. J198420, J198421, & J198422) OPINION |
APPEAL from the Superior Court of San Bernardino County. Deborah A. Daniel, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
Suzanne F. Evans, under appointment by the Court of Appeal, for Defendant and Appellant.
Ramona E. Verduzco, Deputy County Counsel, and Dennis E. Wagner, Interim County Counsel, for Plaintiff and Respondent.
Konrad S. Lee, under appointment by the Court of Appeal, for Minors.
Appellant N.C. (mother) challenges the juvenile court's decision to terminate her parental rights and set adoption as the permanent plan for her three minor children. Mother contends substantial evidence does not support the juvenile court's finding that the Indian Child Welfare Act (ICWA) did not apply to the minors. (25 U.S.C. §§ 1901-1963.) After a careful review of the law and the record in this case, we conclude that the juvenile court's finding is supported by substantial evidence.
Statement of Facts and Procedure
On November 24, 2004, the Department of Children's Services (Department) filed juvenile dependency petitions regarding mother's three minor children, David (11 months), Jessica (three years), and K. (six years). (Welf. & Inst. Code, § 300.)[1] The petitions alleged that the family home was uninhabitable, in that it lacked water or electricity and was full of debris, the refrigerator was overtaken by maggots, and drug torches were in the home and within reach of the minors. The petitions also alleged that mother had admitted to using methamphetamine daily and had been a regular user for years.
At the December 1, 2004, detention hearing, the juvenile court removed the minors from the parents' custody and ordered them detained. When the court ordered the parents to reveal any Indian heritage, mother stated that she had an affiliation with the â€
