In re K.L.

Appellant, the noncustodial biological father of the minor K.L., appealed the juvenile court’s dispositional judgment, removing the minor from his mother and placing him with his presumed father, L.V. In August 2014, the Siskiyou County Health and Human Services Agency filed a section 300 petition on behalf of the two-year-old minor and his older half sibling, after mother was arrested for child cruelty and possession of a controlled substance. Shortly after the minor was born, L.V. took the minor into his home where he lived for several months. Initially, L.V. believed he was quite probably the minor’s father and treated him as such. A DNA test, requested by mother, confirmed L.V. was not the minor’s biological father. Nonetheless, L.V. continued to treat the minor as his own. The juvenile court found L.V. to be the minor’s presumed father. The Agency thereafter placed the minor and his half sibling with L.V. Shortly after these proceedings commenced, paternity test results revealed appellant to be the minor’s biological father. Appellant had never met the minor and had only recently learned of the minor’s existence. Appellant was an enrolled member of the federally recognized Karuk Indian Tribe . The Karuk Indian Tribe intervened on appeal, contending the juvenile court failed to comply with the procedural requirements of the Indian Child Welfare Act of 1978 ("ICWA") in entering its dispositional judgment. The Court of Appeal found the provisions of ICWA did not apply in this case and affirmed the juvenile court's judgment. View "In re K.L." on Justia Law