In re K.G and N.G. CA1/5

Filed 8/18/06 In re K.G and N.G. CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

Tonia B. appeals an order terminating her parental rights to two of her children, K.G. and N.G. She argues there was insufficient evidence to support the trial court's findings that the children were likely to be adopted within a reasonable time; that the parents' continued custody of the children was likely to result in serious emotional or physical harm; that active efforts were made to prevent the breakup of the Indian family; and that the trial court failed to comply with the placement preferences of the Indian Child Welfare Act (ICWA), 25 United States Code section 1900 et seq. We affirm.

Background

Tonia B. (Mother) has a long history with the juvenile dependency system. She lost her parental rights to a child for the first time in 1991, after she had received 18 months of services. Between 1993 and 2002, she was the subject of 22 Child Protective Services referrals for general neglect, severe neglect and physical abuse. At least 13 of those referrals were substantiated. When K.G. was born in February 2002, he tested positive for amphetamines. About one month later, Mother's then five children (ages 11 years to one month old) were discovered alone in a filthy motel room with dog urine and feces and dirty diapers on the floor, medication within reach of the children and no clean clothing available; she was arrested for willful cruelty to children. When N.G. was born in June 2003, he tested positive for methamphetamine.

Beginning in August 2003, the Lake County Department of Social Services (Department) provided Mother with 10 months of voluntary services, including substance abuse treatment. She tested positive for methamphetamine four times between July 2003 and May 2004. Mother entered a treatment program April 1, 2004, but was discharged after about a month for poor attendance.

Detention & Jurisdiction (May and June 2004)

On May 28, 2004, Mother's then six children were removed from her care. Her home was red-tagged as unsafe and uninhabitable; two-year-old K.G. was covered from head to toe with untreated bug bites; and 11-month-old N.G. had a severe case of diaper rash that required medical treatment. The father of these two youngest children, Nathaniel G. (Father), was incarcerated and unable to support them, and he had consistently failed to supervise or protect them. The Department filed a juvenile dependency petition charging the parents with failure to protect and support. (Welf. & Inst. Code, § 300, subds. (b), (g).) Jurisdiction was uncontested and K.G. and N.G. were placed together in a foster home.

Disposition (August 6, 2004)

In its disposition report, the Department wrote that Mother had the following problems requiring intervention: chronic substance abuse; resistance to substance abuse treatment; denial of the impact her drug addiction had on her children; history of homelessness or inappropriate housing; limited parenting skills; history of violent and abusive behavior including domestic violence; limited anger management skills; criminal lifestyle; and limited support system. Both Mother and Father, who had been released from prison, continued to use drugs.

The disposition report indicated that the ICWA applied to K.G. and N.G. because Father was an enrolled member of the Federated Indians of Graton Rancheria (Tribe) and the children were eligible for membership. The Tribe was notified of the proceedings. The Department reported that it had â€