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In re E.P.

In re E.P.
02:19:2007

In re E

 

 

 

In re E.P.

 

 

 

 

 

 

 

 

 

Filed 2/16/07  In re E.P. CA1/2

 

 

 

 

 

NOTTO BE PUBLISHED IN OFFICIAL REPORTS

 

CaliforniaRules of Court, rule 977(a), prohibits courts and parties from citing orrelying on opinions not certified for publication or ordered published, exceptas specified by rule 977(b).  This opinion has not been certified forpublication or ordered published for purposes of rule 977.

 

INTHE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

FIRSTAPPELLATE DISTRICT

 

DIVISIONTWO

 

 

In re E.P., a Person Coming Under the Juvenile Court Law.

 

 

CONTRA COSTA COUNTY BUREAU OF CHILDREN AND FAMILY SERVICES,

            Plaintiff and Respondent,

v.

RICHARD P.,

            Defendant and Appellant.

 

 

 

 

 

      A114137

 

      (Contra Costa County

      Super. Ct. No. J04-01946)

 

 

INTRODUCTION

            Richard P., thefather of E.P., appeals from an order of the Contra Costa County Juvenile Courtfinding that E.P. was adoptable and terminating appellant's parental rights. (Welf. & Inst. Code, § 366.26.[1])  Appellant contends that the juvenile court'sfinding that E.P. was adoptable was not supported by substantial evidence.  He also contendsthat the juvenile court failed to comply with the notice provisions of the Indian Child Welfare Act (25 U.S.C.§ 1901 et seq. (ICWA)).  We affirm the order.

FACTS AND PROCEDURAL HISTORY

            On October 20, 2004,the Contra Costa County Bureau of Childrenand Family Services (the department) filed a section 300 petition onbehalf of almost three-month-old E.P.  On October 22, 2004, the court detained the child and found appellant to be E.P.'s presumedfather.  On October 26, 2004, the parents pled no contest to the amended petition,with appellant pleading no contest to an allegation regarding engaging in domestic violence in front of the childand to having mental health and substance abuse issues that impaired hisability to parent E.P.

            In the reportprepared for the disposition hearing,the social worker related that appellant admitted using methamphetamine andneeding help with his substance abuse problem, that appellant reported that hehad multiple diagnoses, including schizophrenia, explosive personalitydisorder, major and minor depression, and bi-polar disorder.  Appellant residedat the Parsons State Hospital for the Mentally Retarded from July 8, 1987 to August 23, 1995. He described getting into a lot of trouble at the hospital and fighting othermen in the facility.

A.        Facts relating to ICWA notice

            The dispositionreport related that â€





Description The father of minor, appeals from an order of the Contra Costa County Juvenile Court finding that minor was adoptable and terminating appellant's parental rights. (Welf. and Inst. Code, S 366.26.) Appellant contends that the juvenile court's finding that minor was adoptable was not supported by substantial evidence. MInor also contends that the juvenile court failed to comply with the notice provisions of the Indian Child Welfare Act (25 U.S.C.S 1901 et seq. (ICWA)). Court affirm the order.
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