In re D.C.Annotate this Case
M.J. and C.C. appealed orders entered following the jurisdiction and disposition hearing in the juvenile dependency case of their minor children, thirteen-year-old D.C., ten-year-old Ce.C., and nine-year-old F.C. In early 2015, the San Diego County Health and Human Services Agency petitioned the juvenile court on behalf of the children following allegations of sexual abuse in the household. The minors lived with M.J. and C.C., an unmarried couple who had adopted them after a previous dependency case involving the minors. The Agency alleged C.C. had sexually abused D.C., including by having sexual intercourse with her and forcing her to orally copulate him. The Agency further alleged M.J. had allowed C.C. back into the family home following D.C.'s disclosure of abuse, despite Agency intervention and an Agency safety plan. The Agency concluded D.C. had been sexually abused, or there was a substantial risk D.C. would be sexually abused, and there was a substantial risk that Ce.C. and F.C. would be abused or neglected. M.J. argued on appeal that the evidence was insufficient to support the court's dispositional order removing the minors from her custody, and the court erred by not complying with the notice provisions of the Indian Child Welfare Act (ICWA). C.C. argued the evidence was insufficient to support the court's jurisdictional findings; the court erred by approving provisions in his case plan requiring him to admit to sexual abuse of D.C.; and the court erred by limiting his educational rights over Ce.C. and F.C. C.C. also joins in M.J.'s contentions. After review, the Court of Appeal concluded the juvenile court erred by finding ICWA inapplicable to this case without providing notice to the tribes in which C.C. claimed potential membership. The Court therefore vacated the court's ICWA finding and remanded with directions to provide such notice. In all other respects, the Court disagreed with M.J. and C.C.'s contentions and affirmed.