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Additional Evidence in Appellate Court to Remedy the Failure to Comply with ICWA

Case Name: In re Kenneth D. (2022) 82 Cal.App.5th 1027, review granted 11/30/2022
Case #: S276649/C096051
Last Updated: November 30, 2022

May an appellate court take additional evidence to remedy the failure of the child welfare agency and the trial court to comply with the inquiry, investigation, and notice requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.; Welf. & Inst. Code, § 224 et seq.), and if so, what procedures must be followed? (In re Kenneth D. (2022) 82 Cal.App.5th 1027, review granted 11/30/2022 (S276649/C096051).)

Review on this issue has also been granted with briefing deferred in:

  • In re E.L. (2022) 82 Cal.App.5th 597, mod. 83 Cal.App.5th 68c, review granted 11/30/2022 (S276508/B316261)
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