In re Nicole M.
Filed 4/13/06 In re Nicole M. CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Butte)
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| In re NICOLE M., a Person Coming Under the Juvenile Court Law. | |
| BUTTE COUNTY DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES, Plaintiff and Respondent, v. HOLLY M., Defendant and Appellant. |
C050442 (Super.Ct. No. J31381)
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Holly M. (appellant), the mother of Nicole (the minor), appeals from an order of the juvenile court terminating her parental rights. (Welf. & Inst. Code, §§ 366.26, 395; further statutory references to sections of an undesignated code are to the Welfare and Institutions Code.) Appellant's sole contention on appeal is that the order terminating her parental rights must be reversed because the juvenile court erred in finding the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.) did not apply to the dependency proceedings. Disagreeing with that contention, we shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On August 23, 2004, Children's Services Division (CDS) filed an original juvenile dependency petition pursuant to section 300 on behalf of the two-year-old minor. That petition alleged appellant admitted she had used controlled substances and that the minor's home was unsafe and filthy. The juvenile court sustained the petition and adjudged the minor a dependent child.
The social worker's report prepared for the detention hearing stated ICWA â€
