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

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…

Case: In re Kenneth D. (2022) 82 Cal.App.5th 1027, review granted 11/30/2022
Case Number: S276649/C096051
Updated: November 30, 2022
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Whether Appeal of Jurisdictional Finding is Moot When Jurisdiction Had Been Terminated in the Interim, Even though Parents Might Be Registered on the Child Abuse Central Index

(1) Is an appeal of a juvenile court's jurisdictional finding moot when a parent asserts that he or she has been or will be stigmatized by the finding? (2) Is an appeal of a juvenile court's jurisdictional finding moot when a parent asserts that he or she may be barred from challenging a current or future placement on the Child…

Case: In re D.P. (2023) 14 Cal.5th 266
Case Number: S267429
Updated: January 19, 2023
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What Constitutes Reversible Error When ICWA Inquiry Not Made

What constitutes reversible error when a child welfare agency fails to make the statutorily required inquiry concerning a child's potential Indian ancestry? A request for an order directing depublication of the Court of Appeal opinion was denied. Review on this issue has also been granted with briefing deferred in: In re G.A. (2022) 81 Cal.App.5th 355, review granted 10/12/2022 (S276056/C094857) In re…

Case: In re Dezi C. (2022) 79 Cal.App.5th 769, review granted 9/21/2022
Case Number: S275578/B317935
Updated: April 26, 2023
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Definition of “Substance Abuse” and is a Finding of Parental Substance Abuse Alone Sufficient to Warrant Juvenile Court Jurisdiction

(1) What is the definition of "substance abuse" for purposes of declaring a child a dependent under Welfare and Institutions Code section 300, subdivision (b)(1)? (2) Where a child is under the age of six, does a finding of parental substance abuse alone provide sufficient evidence to warrant juvenile court jurisdiction? Substance abuse, which is defined as the excessive use…

Case: In re N.R. (2023) 15 Cal.5th 520
Case Number: S274943
Updated: December 14, 2023
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