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In re D.E.

California Court of Appeals, Fifth District
Mar 1, 2010
No. F058204 (Cal. Ct. App. Mar. 1, 2010)

Opinion

NOT TO BE PUBLISHED

APPEAL from orders of the Superior Court of Fresno County, No. 01CEJ300202-5, Jane Cardoza, Judge.

Karen Jean Dodd, under appointment by the Court of Appeal, for Defendant and Appellant.

Kevin Briggs, County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent.


OPINION

THE COURT

Before Wiseman, Acting P.J., Gomes, J., and Kane, J.

C.A. (mother) appeals from a 2009 order terminating her parental rights (Welf. & Inst. Code, § 366.26) to her daughter, D., who has been a dependent child of the Fresno County Superior Court since 2001. Mother joins in arguments raised by the child’s father in his appeal from the termination order (In re D.E.; F058205). He claimed the court erred, dating back to 2001, because there was no on-the-record inquiry of either parent regarding the Indian Child Welfare Act (IWCA; 25 U.S.C. § 1901 et seq.). He also challenged the court’s finding at the section 366.26 hearing that it was likely D. would be adopted. On review, we affirmed. The father forfeited his first argument by failing to raise it when respondent Fresno County Department of Children and Family Services first affirmatively stated in 2001 that ICWA did not apply. As to father’s challenge to the adoptability finding, we conclude there was substantial evidence to support the finding. Because mother has not raised any independent claim of error, we conclude the court properly terminated her parental rights.

DISPOSITION

The order terminating parental rights is affirmed.


Summaries of

In re D.E.

California Court of Appeals, Fifth District
Mar 1, 2010
No. F058204 (Cal. Ct. App. Mar. 1, 2010)
Case details for

In re D.E.

Case Details

Full title:In re D.E., a Person Coming Under the Juvenile Court Law. FRESNO COUNTY…

Court:California Court of Appeals, Fifth District

Date published: Mar 1, 2010

Citations

No. F058204 (Cal. Ct. App. Mar. 1, 2010)