In an appeal from an order terminating parental rights, the Court of Appeal agreed with the parties that the Kern County Department of Human Services and the juvenile court failed to comply with the inquiry requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law because extended family members were not asked about the child’s Indian ancestry. The court conditionally reversed the juvenile court’s finding that ICWA does not apply and remanded for full compliance with ICWA.
Name: Kern County Department of Human Services v. C.F.
Case #: F085075
Opinion Date: 05/16/2023
Attorney: Elizabeth C. Alexander