In re Isaac O.
Appellant Ramon O., Sr. (Father) is the father of Isaac O., now six years old, and Ramon O., Jr., now eight years old (children). Father appeals from the juvenile courts judgment, entered after holding a hearing under Welfare and Institutions Code section 366.26,[1]terminating his parental rights and selecting adoption with the unrelated foster parents as the childrens permanent plan. Father argues: 1) the juvenile court erred when it failed to apply the sibling relationship exception, now found at section 366.26, subdivision (c)(1)(B)(v),[2]to the presumption for adoption; and 2) the juvenile court and Department of Childrens Services (DCS) did not fulfill their duty of inquiry under the Indian Child Welfare Act (ICWA). As discussed below, Court conclude that the juvenile court correctly declined to apply the sibling exception and that, even if the juvenile court did not fulfill its inquiry duties under ICWA, Father did not make the required showing of prejudice. For these reasons, Court affirm the juvenile courts orders.
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