In re K.E.





















Filed 9/28/10 In re K.E. CA6

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>NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.







IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SIXTH
APPELLATE DISTRICT




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In re K.E., a Person Coming Under the Juvenile Court Law.	H035590 (Santa Cruz County Super. Ct. No. DP002142)
SANTA CRUZ COUNTY HUMAN SERVICES DEPARTMENT, Plaintiff and Respondent, v. S.E., Defendant and Appellant.

S.E.,
mother of the child at issue here, appeals from a juvenile court order following a
six-month review hearing continuing the child in out-of-home care with family
reunification services. Mother contends
that there is insufficient evidence to support the court's finding that
respondent Santa Cruz County Human
Services Department (the Department) offered and provided her with
reasonable services, and that the court erred in finding that the Department complied
with the Indian Child Welfare Act (ICWA)(25 U.S.C. § 1901 et seq.). As we disagree with mother's contentions, we
will affirm the juvenile court's order.

BACKGROUND

In April
2009, the then 13-year-old child began living with his maternal uncle due to
the child's behavioral problems, and he visited mother on weekends. At the time, the child was over 6 feet tall,
weighed about 240 pounds, and had mental health issues. On July
19, 2009, mother voluntarily checked herself into Dominican
Hospital's Behavioral Health
Unit. Mother takes medication and
participates in therapy for her bipolar disorder, but she still reported
feeling depressed and suicidal. Her
alcohol use had caused her to put herself in life-threatening situations, and
she had provided beer to the child on at least one occasion. On July
27, 2009, the child was taken to the hospital after he expressed
suicidal thoughts. Mother was unable to
ensure that the child took the medications prescribed for his mental health
symptoms. On August 24, 2009, the maternal uncle witnessed
mother hit the child in the chest and back and kick him in the torso, causing a
bruise on the child's left hip. Mother
admitted previously engaging in mutual combat with the child, engaging in
verbal altercations with him, and using physical force to restrain him. As a result of mother's behaviors, the child
was depressed, anxious, and aggressive to himself and others. Law enforcement personnel placed the child
into protective custody on August 26,
2009. The alleged father's
whereabouts were unknown, he had not had contact with mother for some time, and
he had never met the child.

On August
28, 2009, the Department filed a petition pursuant to Welfare and Institutions
Code section 300, subdivisions (a) [serious physical harm], (b) [failure to
protect], (c) [serious emotional damage], (d) [sexual abuse], and (g) [no
provision for support].[1] Attached to the petition was judicial council
form ICWA-010(A) showing the social worker's inquiry about the child's possible
Indian status. The form stated that
mother reported that the child's alleged father may have Indian ancestry, that
the tribe was unknown, and that the paternal grandmother may have more
information. The maternal uncle reported
that the child may have Indian ancestry through the child's father, but the
tribe was unknown.

At the
detention hearing on August 31, 2009,
mother stated that she has no Indian heritage.
She advised that she may have an address in Florida
for the child's alleged father and was directed to provide the Department with
the address. Mother filled out and
signed judicial council form ICWA-020.
She checked the box stating â€