In re W.J.
Filed 1/12/07 In re W.J. CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
In re W.J. et al., Persons Coming Under the Juvenile Court Law. | |
CONTRA COSTA COUNTY DEPARTMENT OF HUMAN SERVICES, Plaintiff and Respondent, v. REBECCA J., Defendant and Appellant. | A113312 (Contra Costa County Super. Ct. Nos. J04-00582, J04-00583) |
Rebecca J. (Rebecca), mother of two boys, W.J., born in 2001, and J.J., born in 2000, appeals from an order of the Contra Costa County Juvenile Court, claiming the court erred by denying her petition to modify an order scheduling a hearing on a motion to terminate her parental rights, by terminating her parental rights, and by failing to provide notice as required by the Indian Child Welfare Act (ICWA). Her claims are without merit, and therefore we shall affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
The Original Petition
The Department of Human Services (Department) filed an original petition on March 16, 2004, alleging that Rebecca suffers from substance abuse and has a history of abusive relationships, that her children were dirty and unkempt, and that she had failed to appear at the social worker's office as scheduled. The children were detained on March 13, 2004.
According to a jurisdiction/disposition report, Rebecca called the Department's crisis line in tears on March 12, saying she needed help with her children. A social worker went to Rebecca's house and spoke to Rebecca's partner Linda, who said Rebecca was driving around the neighborhood in an erratic manner. Rebecca returned home in a car driven by another woman. W.J. and J.J. were in the backseat of the car and had their seat belts on, but were not in car seats, and their bodies and clothing were extremely dirty. Rebecca told the social worker that she was using crack cocaine and drinking alcohol and was unable to adequately care for her children. She agreed to have her sons taken to the social worker's office and said she would join them there to further discuss the situation. When Rebecca failed to arrive at the office, the Department placed the children in foster care. Rebecca entered a residential treatment program on March 23.
Rebecca stated that John Z. was the children's father and that â€
