In re Delilah R.
Filed 2/5/07 In re Delilah R. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
In re DELILAH R. et al., Persons Coming Under
the Juvenile Court Law.
SANTA CLARA COUNTY DEPARTMENT OF
FAMILY AND CHILDREN'S SERVICES, H030144
Plaintiff and Respondent, (Santa Clara County
Super. Ct. Nos. JD16775,
v. JD16776)
JOHN R.,
Defendant and Appellant.
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The juvenile court took jurisdiction over appellant John R.'s children, three-year-old Delilah and one-year-old I., removed them from his custody and placed them in foster care. John challenges the court's decision to take jurisdiction over the children, and he contests the adequacy of the Indian Child Welfare Act (ICWA) notices sent by the Santa Clara County Department of Family and Children's Services (the Department). We conclude that the juvenile court's jurisdictional decision is supported by substantial evidence and that remand for corrected notices to be sent to the correct tribal agents at the correct addresses is not necessary because the Department did not know the identities of the tribes and properly notified the Bureau of Indian Affairs (BIA). We affirm the juvenile court's orders.
I. Background
John and Laura R., who never married and are no longer together, are the parents of Delilah and I. Although John and Laura are very young, both of them have significant criminal and substance abuse histories. In March 2005, the maternal grandfather, Charles R., sought to be appointed guardian of the children. He was temporarily appointed guardian, but the guardianship was terminated three weeks later on the ground that it was â€
