In re Kelvin S
Filed 4/21/06 In re Kelvin S. CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| In re KELVIN S., a Person Coming Under the Juvenile Court Law. | |
| SOLANO COUNTY DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Plaintiff and Respondent, v. KEVIN S., Defendant and Appellant. | A110376 (Solano County Super. Ct. No. J35339) |
Kevin S. appeals from a juvenile court order declaring his son, Kelvin, a dependent child. He contends there was insufficient evidence to support the court in taking jurisdiction over Kelvin. He further contends the order must be reversed because adequate notice was not given under the Indian Child Welfare Act (ICWA). We affirm.
STATEMENT OF THE CASE AND FACTS
Kelvin S. was born in February 2005. Three days after his birth, Solano County Department of Health and Social Services (Department) social worker Arnold Hart received a call from the hospital where Kelvin was born expressing concern about the baby and saying the mother had left with the baby against medical advice. The hospital had wanted to test the mother and baby for drugs, but the mother refused. The hospital reported that the mother had tested positive for methamphetamine twice during the last month of her pregnancy.
Hart went to the hospital and found the mother had already left. He asked the police to meet him at the parents' home and arrived there five minutes later. Appellant answered the door and initially refused to allow the police to enter. After 10 to 15 minutes of discussing the situation, appellant allowed the social worker and one of the police officers in, saying the mother had gone out for baby formula. Appellant's mother also said the mother was not there. The police searched the house and did not find the mother. Appellant said he was not aware of the mother using drugs and he would not allow her around the baby if she was doing so.
Hart asked appellant whether there was anything in his criminal record involving drugs or violence and appellant said, â€
