In re Allison B.
FACTUAL AND PROCEDURAL HISTORY
This appeal concerns three of Mother‘s children: Allison B. (born December 2015), H.B. (born November 2016), and Jerry O. (born April 2018). Their father is J.B. (Father).
When the parents first appeared in the case—Mother in May 2018 and Father in August 2018—they filed Parental Notification of Indian Status forms (Judicial Council Forms, form ICWA-020 (rev. Jan. 1, 2008)) indicating that the children have no Indian ancestry.
Declarations submitted by two DCFS social workers filed in May and June 2018 state that the social workers had made “Indian child inquir[ies]” regarding the children and concluded that the children have “no known Indian ancestry.” Our record does not indicate to whom social workers made the inquiries.
By May 2019, Father‘s whereabouts were unknown and social workers thereafter informed the court that they were unable to locate him.
On September 10, 2021, after a hearing held pursuant to
Mother filed her notice of appeal on October 7, 2021, and, at that time, was relieved of her appointed counsel in the juvenile court.
On January 21, 2022, Mother filed her opening brief on appeal. She argues that DCFS, in conducting its Indian child inquiries, failed to question “the many extended family members with whom [DCFS] had contact or could have had contact.” In particular, she refers to the maternal grandparents, paternal grandmother, and unidentified paternal “cousins,” as extended family members whom social workers could have contacted.
On March 3, 2022, DCFS, prior to filing its respondent‘s brief, filed a motion to dismiss the appeal on the ground that the appeal is moot. DCFS supported the motion with (1) evidence of a last minute information for the court (LMI), which DCFS filed in the juvenile court on February 14, 2022, and (2) minute orders the court issued on March 1, 2022. DCFS requested, and we granted, judicial notice of the documents.
The LMI is dated February 14, 2022 and signed by two DCFS social workers. It states the following: On January 26, 2022, a DCFS dependency investigator (DI) spoke with the maternal grandparents about possible Indian ancestry. Each grandparent stated that they had no knowledge that they or Mother have any Indian ancestry or that Mother is a member of an Indian tribe. The maternal grandmother said she had met her grandparents and great-grandparents, and that these relatives “never reported Native
In the March 1, 2022 minute orders, the court stated as to each child: “The court reviews today‘s LMI report and reviews [DCFS‘s] efforts made by reaching out to all relatives regarding any ICWA claims by [M]other and [F]ather. The court has no reason to know or believe that this is an Indian child as defined by [ICWA]. The provisions of ICWA are not applicable to this case as to both parents.” According to the minute orders, the finding was made in connection with a “Non-Appearance Progress Report Hearing,” and Mother was neither present nor represented by counsel.
After Mother filed her opposition to the motion to dismiss, we informed counsel that we are considering the motion, and we requested supplemental briefing to address the following questions: (1) Whether the parties would stipulate to a limited reversal and expedited remittitur; (2) Whether Mother disputed the factual statements in the LMI; (3) Whether Mother contests the juvenile court‘s conclusions in the March 1, 2022 order, and, if so, why; and (4) Whether, under
In her supplemental brief, Mother stated that she “would stipulate to a limited reversal and expedited remittitur.” DCFS indicated that it “would be amenable to a conditional affirmance,” but is opposed to a “limited reversal” because it “would serve no purpose other than delay.” Mother further stated that she has no information with which to contest or affirm the truth of the matter asserted in the LMI and that she does contest the court‘s findings in the March 1, 2022 order. She further contends that the court should not consider additional evidence under
DISCUSSION
Under
Generally, the authority granted by
In her appellate brief, Mother points to Father‘s statements to a social worker in July 2018 that the paternal grandmother and “cousins” could help care for the children. Even if Mother is correct that social workers were required to inquire of the maternal grandparents and paternal grandmother as to whether the children are Indian children, the LMI indicates that DCFS did so, albeit belatedly, rendering any prior failure harmless. A DCFS DI spoke with the maternal grandparents, who reported that they had no knowledge that they or Mother have any Indian ancestry or that Mother is a member of an Indian tribe. The DI also spoke to the paternal grandmother, who denied having any Indian ancestry or knowledge that Father has Indian ancestry or is a registered member of an Indian tribe. Although Father had referred to unidentified “cousins” in 2018, his whereabouts are now apparently unknown and there is no reason to believe that such “cousins”
Mother contends that DCFS should have attempted to contact the children‘s great-grandparents. Even ICWA‘s broad definition of “extended family member,” however, does not include great-grandparents. (
Mother further argues in her supplemental brief that the social worker should have asked Father for information to locate the paternal grandfather when she called “the Father” on January 27, 2022. As DCFS points out, however, the person with whom the social worker spoke on that date was the father of children who are not the subject of this appeal.
Mother further contends that we cannot rely on the March 1, 2022 orders because Mother did not have counsel at the time the court made these findings, and Mother asserts that the court did not have jurisdiction to make such post-termination orders. (See K.M., supra, 242 Cal.App.4th at p. 456.) Our conclusion that the appeal is moot, however, is not based on findings in the court‘s March 1, 2022 orders. We rely solely on the record and the LMI. Moreover, we have addressed any due process concern in this context by considering Mother‘s opposition to the noticed motion
For all the foregoing reasons, we dismiss the appeal.
DISPOSITION
The appeal is dismissed.
CERTIFIED FOR PUBLICATION.
ROTHSCHILD, P. J.
We concur:
CHANEY, J.
BENDIX, J.