Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C096051
|
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 |
|
R. Robie | Sep. 9, 2022 |
D080349
|
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 |
|
J. McConnell | Sep. 6, 2022 |
B314532
|
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 |
|
H. Bendix | Aug. 29, 2022 |
E078646
|
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 |
|
F. Menetrez | Aug. 29, 2022 |
B316261
|
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 |
|
A. Gilbert | Aug. 25, 2022 |
E078370
|
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 |
|
F. Menetrez | Aug. 24, 2022 |
B314532
|
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 |
|
H. Bendix | Aug. 24, 2022 |
A164334
|
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 |
|
T. Stewart | Aug. 23, 2022 |
E077964
|
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 |
|
F. Menetrez | Aug. 19, 2022 |
A163623
|
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 |
|
J. Humes | Aug. 15, 2022 |
B314432
|
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 |
|
L. Edmon | Aug. 2, 2022 |
C095308
|
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 |
|
H. Hull | Jul. 25, 2022 |
B313447
|
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 |
|
M. Stratton | Jul. 21, 2022 |
C094857
|
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 |
|
E. Duarte | Jul. 21, 2022 |
B316877
|
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 |
|
D. Perluss | Jul. 20, 2022 |
B315997
|
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 |
|
E. Grimes | Jul. 13, 2022 |
B313483
|
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 |
|
M. Stratton | Jul. 6, 2022 |
B312003
|
In re C.S.
Juvenile court did not abuse its discretion by terminating its jurisdiction over child that was in parental custody without providing reunification services to parent not retaining custody. |
Dependency |
|
D. Perluss | Jul. 5, 2022 |
G061025
|
In re E.V.
Failure to conduct Indian Child Welfare Act inquiries is always a miscarriage of justice requiring reversal. |
Dependency |
|
K. O'Leary | Jul. 5, 2022 |
A160929
|
In re Daniel F.
Father was entitled to evidentiary hearing on his Welfare and Institutions Code Section 388 petition because agency had to give him notice and opportunity to change his paternity status before terminating parental rights. |
Dependency |
|
C. Fujisaki | May 26, 2021 |
E076177
|
In re S.R.
There was 'reason to believe' children had Indian ancestry for purposes of Indian Child Welfare Act because grandfather indicated great-grandmother had ancestry tracing to the Yaqui tribe. |
Dependency |
|
M. Slough | May 20, 2021 |
G059433
|
In re Ma.V.
Juvenile court's jurisdictional order was not supported by substantial evidence because it relied on past conduct instead of current circumstances. |
Dependency |
|
K. O'Leary | May 10, 2021 |
A160303
|
J.H. v. G.H.
Children properly excluded from two-year domestic violence restraining order in favor of mother and against father because father did not pose any present danger to children. |
Dependency |
|
C. Fujisaki | May 3, 2021 |
A160454
|
In re A.T.
Juvenile court correctly found that Indian Child Welfare Act is inapplicable when Indian child is removed from one parent and placed with another. |
Dependency |
|
R. Wiseman | Apr. 22, 2021 |
B307061
|
In re Rashad D.
Parent must appeal not only from jurisdiction finding and disposition order but also from orders terminating jurisdiction and modifying parent's prior custody status for appellate court to provide effective relief. |
Dependency |
|
D. Perluss | Apr. 21, 2021 |
B308879
|
In re J.N.
Father's prior incarceration and criminal record were insufficient alone as an evidentiary basis to support either jurisdiction or removal of Father's minor son. |
Dependency |
|
F. Rothschild | Apr. 6, 2021 |
B301715
|
In re J.S.
Grandmother's ancestry.com results did not contain identity of tribe or any geographic region where her ancestry originated and was therefore not useful in determining whether juveniles were Indian children. |
Dependency |
|
T. Dillon | Apr. 5, 2021 |
B307313
|
In re F.P.
If visitation is inconsistent with the well-being of the child or detrimental to the child, the juvenile court has the discretion to deny such contact. |
Dependency |
|
V. Chavez | Mar. 18, 2021 |
A161510
|
In re R.A.
Upon failing to receive notice of dependency petition due to lack of diligence by agency, separate showing of best interest is not required. |
Dependency |
|
M. Miller | Mar. 15, 2021 |
B307093
|
In re I.R.
Daughter returned to Father because substantial evidence in the record during the dependency proceedings did not support a reasonable inference that Father was a generally violent or abusive person. |
Dependency |
|
F. Rothschild | Mar. 4, 2021 |