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Multiple Constitutional Challenges to ICWA

The U.S. Supreme Court granted certiorari in four related ICWA cases. They were consolidated for briefing and oral argument. Filings and activity in the cases was reflected on the docket for Haaland v. Brackeen, case number 21-376. All the cases sought review of the Fifth Circuit's decision in Brackeen v. Haaland (5th Cir. 2021) 994 F.3d 249, cert. granted 2/28/2022 (21-376,…

Case: Brackeen v. Haaland (5th Cir. 2021) 994 F.3d 249, cert. granted 2/28/2022
Case Number: 21-376, 21-377, 21-378, 21-380
Updated: June 15, 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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Duty to Inquire About Child’s Potential Indian Ancestry When Child Taken into Custody Under Protective Custody Warrant

Does the duty of a child welfare agency to inquire of extended family members and others about a child’s potential Indian ancestry apply to children who are taken into custody under a protective custody warrant? Review on this issue has also been granted with briefing deferred in: Fourth District In re Robert F. (2023) 90 Cal.App.5th 492, review granted 7/26/2023…

Case: In re Ja.O. (2023) 91 Cal.App.5th 672, review granted 7/26/2023
Case Number: S280572/E079651
Updated: February 14, 2023
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