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In re A.A.
Children were not considered "Indian" under the Indian Child Welfare Act because their blood quantum was too low to qualify for Jemez Pueblo tribe membership.
Dependency 4DCA/2 Feb. 21, 2023
In re L.B.
Amendments to Welfare and Institutions Code Section 300(b) did not affect case when basis for jurisdiction was child's risk to mother's history of ongoing domestic violence.
Dependency 1DCA/1 Feb. 21, 2023
D.S. v. Superior Court (San Bernardino County Children and Family Services)
Mother's adoptive status did not dismiss juvenile court and child welfare agency's duty to further inquire as to adopted child's possible Native American ancestry.
Dependency 4DCA/2 Feb. 16, 2023
In re Jayden G.
Los Angeles Department of Children and Family Services failed to exercise due diligence in locating minor's father because it did not utilize specific information provided by mother in its searches.
Dependency 2DCA/8 Feb. 15, 2023
In re M.C.
Child adjudged dependent should have been placed with parent who requested custody where there was not clear and convincing evidence such placement would be detrimental to the child.
Dependency 1DCA/2 Feb. 8, 2023
In re M.V.
Psychological evaluator's bonding study of minor's relationship with her parents was improper because it did not focus on the psychological relationship between the minor and her parents.
Dependency 2DCA/8 Jan. 31, 2023
In re T.R.
To deny reunification services under Welfare and Institutions Code Section 361.5(b)(6), a dependency judge must state, on the record, the specific bases for denial.
Dependency 4DCA/2 Jan. 30, 2023
In re N.R.
Juvenile court did not err by returning one child to a parent but terminating parental rights to the other child because the other child posed greater parenting challenges.
Dependency 2DCA/8 Jan. 30, 2023
In re D.P.
While parents' appeal of a finding of neglect was moot, a court may still exercise discretionary review if it believes review will protect the child and preserve the family.
Dependency CASC Jan. 20, 2023
Sarah K. v. Superior Court (Sonoma County Human Services Department)
Terminating reunification services was appropriate where juvenile court found returning child to mother's custody would be detrimental, even though detriment did not result from original actions that led to removal.
Dependency 1DCA/2 Jan. 18, 2023
In re D.B.
Department failed in its duty to inquire when it did not question paternal grandmothers, who were both available for answers, as to the minor's possible Native American ancestry.
Dependency 4DCA/2 Jan. 6, 2023
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