In re C.W. CA3

── In re C.W. CA3 ── Court: California Court of Appeal Date: May 07, 2026 Category: General Filed 5/7/26 In re C.W. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) In re C.W. et al., Persons Coming Under the Juvenile C104398 Court Law. (Super. Ct. Nos. JV20221232, YOLO COUNTY HEALTH AND HUMAN JV20221233) SERVICES AGENCY, Plaintiff and Respondent, v. L.W. et al., Defendants and Appellants. Appellants R.W. (mother) and L.W. (father), parents of the minors, appeal from the juvenile court’s orders denying mother’s petition for modification, terminating parental rights, and freeing the minors for adoption. (Welf. & Inst. Code, §§ 366.26, 388, 395; statutory section citations that follow are to the Welfare and Institutions Code.) Mother claims the juvenile court abused its discretion when it denied her petition for modification and erred by finding the beneficial parental relationship exception to adoption did not apply. She further claims the juvenile court and the Yolo County Health and Human Services Agency (Agency) failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 (ICWA) (25 U.S.C. § 1901 et seq.). Father joins in all of mother’s claims, making no separate claims or arguments on 1 his own behalf. We conclude the section 388 claim is forfeited and the parents have not otherwise established error. We will therefore affirm the juvenile court’s orders. FACTS AND HISTORY OF THE PROCEEDINGS In August 2022, the two minors, C.W. (age four) and E.W. (age one) (the minors), along with their seven-year-old sibling J.W. (who is not a party to this appeal but will be mentioned where relevant to the issues before us) (collectively, the children), came to the Agency’s attention due to father’s chronic substance abuse, his physical abuse of J.W., and the parents’ neglect of all three children. Most recently, father became upset during an argument with mother and began hitting J.W. when he learned J.W. wet the bed the previous night. Mother contacted law enforcement and reported father’s physical abuse of J.W., and claimed father had taken all her money and left to buy drugs. She also reported that father regularly drank alcohol and used illegal substances. The social worker interviewed father, who denied hitting J.W. He admitted having used methamphetamine two weeks prior but refused to take a drug test stating he did nothing wrong. Mother tested negative for all substances. J.W. told the social worker that father hit him often and he feared father. J.W. said his parents fought daily, both verbally and physically. C.W. reported the parents fought and father hit her older brother J.W. but never hurt her or her younger brother E.W. The social worker completed a safety plan with the parents whereby father would remain out of the home temporarily and mother would connect with supportive services. Thereafter, however, the parents continued to argue and make threats towards one another and were hostile towards the social worker, resulting in the children being taken into protective custody. The following day, mother reported she had changed the locks to her home, blocked father on her telephone, and she planned to file for divorce. She was staying with her support person in case father returned, a