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In re S.V.
Amending dependency petition that contained no allegations against non-party mother to conform to proof that she had emotionally abused minor child violated the mother's right to due process.
Dependency 1DCA/5 Dec. 23, 2022
In re Adrian L.
Department of Children and Family Services' failure to inquire with newborn's extended family about potential Indian ancestry was not prejudicial because there was no information suggesting the child was Indian.
Dependency 2DCA/1 Dec. 15, 2022
In re A.C.
Welfare department's failure to ask a non-relative extended family member caring for dependent child or extended known family members about Indian heritage, as required by the Indian Child Welfare Act, constituted reversible error.
Dependency 2DCA/5 Dec. 14, 2022
In re G.Z.
Department of Children and Family Services failed to carry its burden to prove by a preponderance of the evidence that non-accidental trauma was the cause of a minor's subdural hematomas.
Dependency 2DCA/8 Dec. 1, 2022
In re E.C.
Department of Human Services inquiry into child's potential Indian ancestry fell short because it failed to conduct a further inquiry under the Indian Child Welfare Act, and failed to document any inquiry or its findings in the record.
Dependency 5DCA Nov. 9, 2022
In re Oscar H.
Department of Children and Family Services prejudicially erred by not inquiring of father or of extended family members about potential Indian ancestry before terminating parental rights.
Dependency 2DCA/8 Oct. 31, 2022
In re K.H.
Where the juvenile court's finding that the Indian Child Welfare Act did not apply was based on a cursory record and insufficient inquiry, the finding was not supported by substantial evidence.
Dependency 5DCA Oct. 25, 2022
In re A.H.
The Department of Social Services violated alleged father's due process rights by failing to make any reasonable inquiry into his parentage or appraise him of the termination of his parental rights.
Dependency 1DCA/2 Oct. 21, 2022
In re G.H.
Social services failure to attempt to contact estranged paternal grandmother regarding suggested Native American ancestry required reversal of the termination of parental rights.
Dependency 4DCA/3 Oct. 10, 2022
In re Baby Girl M.
Appeal of jurisdiction findings and disposition order was moot because the only relief the court could provide was to order that welfare department fulfill inquiry obligations under the Indian Child Welfare Act.
Dependency 2DCA/5 Sep. 23, 2022
In re R.O.
Juvenile court violated mother's due process rights to adequate notice and the opportunity to be heard by conducting an uncontested jurisdictional hearing in her absence.
Dependency 3DCA Sep. 22, 2022
Modification: In re E.L.
Additional evidence regarding the applicability of the Indian Child Welfare Act may be admitted by reviewing courts to expedite proceedings and consequently, the children's adoption.
Dependency 2DCA/6 Sep. 19, 2022
In re J.K.
The juvenile court erred in finding that the Indian Child Welfare Act did not apply because the record did not establish that the expanded duty of initial inquiry had been satisfied.
Dependency 2DCA/6 Sep. 19, 2022
In re Kenneth D.
Welfare department and juvenile court's failure to inquire as to possible native ancestry was not prejudicial where the grandmother unequivocally identified all native heritage as being of Mexican origin.
Dependency 3DCA Sep. 9, 2022
In re Y.M.
Father's failure to show prejudice resulting from welfare agency's failure to carry out its duty of initial inquiry under the Indian Child Welfare Act meant order terminating his parental rights did not require reversal.
Dependency 4DCA/1 Sep. 6, 2022
Modification: In re J.R.
Father had standing to maintain an appeal where welfare department failed to afford mother with constitutionally adequate notice of proceedings to terminate her parental rights in contravention of her due process rights.
Dependency 2DCA/1 Aug. 29, 2022
In re Ricky R.
Welfare department prejudicially erred by failing to discharge its duty of initial inquiry pursuant to the Indian Child Welfare Act when it failed to ask extended family members whether the children had Indian ancestry.
Dependency 4DCA/2 Aug. 29, 2022
In re E.L.
Additional evidence regarding the applicability of the Indian Child Welfare Act may be admitted by reviewing courts to expedite proceedings and consequently, the children's adoption.
Dependency 2DCA/6 Aug. 25, 2022
In re Dominick D.
Indian Child Welfare Act duty to conduct initial inquiry was not complete where welfare department failed to ask all relevant parties whether the child may have Native American ancestry.
Dependency 4DCA/2 Aug. 24, 2022
In re J.R.
Father had standing to maintain an appeal where welfare department failed to afford mother with constitutionally adequate notice of proceedings to terminate her parental rights in contravention of her due process rights.
Dependency 2DCA/1 Aug. 24, 2022
In re J.R.
Termination of a mother's parental rights was affirmed because she failed to present evidence supporting application of the beneficial relationship exception.
Dependency 1DCA/2 Aug. 23, 2022
In re Raul V.
Trial court properly denied reunification services as unlikely to prevent further abuse where mother would not admit to her obvious physical abuse of her child.
Dependency 4DCA/2 Aug. 19, 2022
In re S.H.
Reversal of an early dependency order is not warranted simply because a parent shows that ongoing inquiry obligations under the Indian Child Welfare Act have not yet been satisfied as of the time the parent appeals.
Dependency 1DCA/1 Aug. 15, 2022
In re Ezequiel G.
Courts should review Indian Child Welfare Act inquiry errors under a hybrid substantial evidence/abuse of discretion standard, and reverse only if the error was prejudicial.
Dependency 2DCA/3 Aug. 2, 2022
J.J. v. Superior Court (San Joaquin County Human Services Agency)
Ambiguous court record regarding mother's knowledge of father's physical abuse did not merit denial of reunification services.
Dependency 3DCA Jul. 25, 2022
In re J.W.
Welfare Department's error in failing to adequately inquire about child's Indian heritage was harmless because the child was placed with her maternal grandmother.
Dependency 2DCA/8 Jul. 21, 2022
In re G.A.
Juvenile court's failure to make an Indian Child Welfare Act finding on the record was harmless where the Agency satisfied its duty of inquiry and there was no reason to believe that the child was Native American.
Dependency 3DCA Jul. 21, 2022
In re Rylei S.
Because the court records reflected an almost complete failure of the Department of Children and Family Services' statutory duty to further inquire as to possible Native American ancestry, the error was not harmless.
Dependency 2DCA/7 Jul. 20, 2022
In re M.M.
Adoption assessment that did not directly discuss bond between parent and child was sufficient when evidence of irregular and canceled visits clearly established that the parental benefit exception did not apply.
Dependency 2DCA/8 Jul. 13, 2022
In re M.G.
Finding of lack of emotional bond between parent and child must be substantiated and analyzed in report in order for juvenile court to use the report as basis for its ruling.
Dependency 2DCA/8 Jul. 6, 2022