In re C.M.
Filed 1/10/07 In re C.M. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re C.M. et al., Persons Coming Under the Juvenile Court Law. | |
RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. STEPHANIE M., Defendant and Appellant. | E041246 (Super.Ct.No. SWJ3523) O P I N I O N |
APPEAL from the Superior Court of Riverside County. Robert W. Nagby, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed.
Sharon S. Rollo, under appointment by the Court of Appeal, for Defendant and Appellant.
Joe S. Rank, County Counsel, and Carole A. Nunes Fong, Deputy County Counsel, for Plaintiff and Respondent.
Konrad S. Lee, under appointment by the Court of Appeal, for Minors.
Stephanie M., mother of the minors, filed a timely notice of appeal from the judgment terminating her parental rights rendered June 27, 2006. Mother served and filed her opening brief on October 27, 2006, contending (at p. 12 et seq.) that the judgment should be reversed solely on the ground that respondent Riverside County Department of Public Social Services (DPSS) failed to comply with the notice requirements under the Indian Child Welfare Act (ICWA). (25 U.S.C. § 1901 et seq.) On December 19, 2006, the parties filed a joint application and stipulation for reversal with directions to determine whether ICWA applies, to comply with ICWA if applicable, and if not applicable to reinstate the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
The court sustained an amended petition because, on July 29, 2004, mother hit one of the minors on the head with a broom handle requiring several stitches to close the wound and because mother appeared to have some mental health deficiencies and problems. (Welf. & Inst. Code, § 300, subds. (a), (b), (j).)[1] Mother was arrested on the date of the incident, later pleaded guilty to misdemeanor inflicting corporal injury on a child (Pen. Code, § 273d, subd. (a)), and received three years summary probation. Father was in the Army stationed out of state. Father appealed from the jurisdictional/ dispositional order, which this court affirmed in an opinion filed November 7, 2005. (Case No. E037034.) Both mother and father filed notices of intent to file petitions (Cal. Rules of Court, rule 8.450(e))[2] challenging the order setting a section 366.26 hearing, but the notices were later withdrawn and the case dismissed by order filed March 30, 2006. (Case No. E039953.) At the section 366.26 hearing, the court found the children would likely be adopted.
Mother said she had no American Indian ancestry prior to the detention hearing. However, in the report for the 18-month permanency review hearing (§ 366.22), the social worker stated that ICWA did not apply, but in the same paragraph said, â€
