In an appeal from the termination of parental rights, the Court of Appeal found that the Department of Social Services and the juvenile court did not satisfy their duty to inquire into the extended family’s possible Native American ancestry. The error was not harmless. The juvenile court’s finding that the Indian Child Welfare Act (ICWA) does not apply was conditionally reversed and the case was remanded for compliance with ICWA.
Name: Kern Co. Dept. of Human Services v. T.E. et al.
Case #: C096494
Opinion Date: 12/29/2022
Attorney: Shaylah Padgett-Weibel and Jacob I. Olson