In re Gabriel Y.
Filed
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
In re GABRIEL Y. et al., Persons Coming Under the Juvenile Court Law. | B187779 (Super. |
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. NAVAJO NATION, Objector and Appellant. |
APPEAL from orders of the Superior Court for Los Angeles County. Sherri S. Sobel, Referee. Reversed and remanded.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Kim Nemoy, Deputy County Counsel, for Plaintiff and Respondent.
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The three children in this dependency proceeding are Indian children within the meaning of the Indian Child Welfare Act (ICWA).[1] The Navajo Nation intervened in this matter below, and on appeal challenges the juvenile court's order, made at the disposition stage of the proceeding, placing Olivia S. with the non-Indian, non-relative, paternal grandparents of her half-sibling (the R.'s) instead of with her own Indian maternal grandfather and Hispanic maternal grandmother (the Y.'s). We agree the juvenile court erroneously found good cause to reject the preferred placement under the ICWA of an extended family member and to place Olivia in the home of a non-relative. Accordingly, we reverse the order and remand the matter to the juvenile court for further proceedings consistent with this opinion.
The Navajo Nation also challenges the juvenile court's order granting the R.'s de facto parent status with respect to Olivia and Gabriel Y. (the other child to whom the R.'s are not related by blood). For reasons discussed below, we reverse the order as to Gabriel, but affirm as to Olivia.
FACTS AND PROCEEDINGS BELOW
This family came to the attention of the Department of Children and Family Services (DCFS) in January 2005, when Olivia S. was born with a positive toxicology screen for methamphetamine and marijuana. Olivia's mother, Marlene Y. (mother), left Olivia at the hospital the day after Olivia was born. Olivia's father is Mario S.
At the time of the referral, mother also had a six-year-old son Gabriel Y. with father Ernesto C.,[2] and a 20-month-old son Michael Y. with father Gregory R. Two days after mother left the hospital, she went to her parents' home (the Y.'s) and picked up Gabriel. Thereafter, the whereabouts of mother and Gabriel were unknown for a few days. Michael was staying with his paternal grandparents (the R.'s). Michael's father, Gregory R., was in state prison.
Mother, her father (Freddie Y.) and her sons Gabriel and Michael were all enrolled members of the Navajo Nation. Olivia was eligible for membership in the tribe. The maternal grandmother (Lisa Y.) and Michael's paternal grandparents (the R.'s) do not have American Indian heritage in their families.
In late January 2005, DCFS filed a section 300[3] petition, which included allegations about mother's history of substance abuse and her failure to provide her children â€
