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In re I.C. A151743 (Div. 4)
category/ies: Dependency, ICWA
date posted: 2108-03-21
full opinion (PDF): not available
attorney: Amy Grigsby
FDAP buddy:

On appeal from the order of the juvenile court terminating his parental rights, father argued that the juvenile court failed to comply with the inquiry and notice requirements of the ICWA. The Court concluded that the information about father’s Indian ancestry was sufficient to trigger a duty of further inquiry. The Court emphasized that the duty of ICWA inquiry was affirmative and continuing. Even though the Department had access to multiple members of the minor’s extended family who could have been questioned about father’s claim of Indian ancestry, the Department relied solely on its initial failure to obtain additional information for its conclusion that the ICWA did not apply in this case.

In re Carlos J. A151369 (Div 5)
category/ies: CYA/DJJ Commitment
date posted: 2019-04-10
full opinion (PDF): not available
attorney: Violet Elizabeth Grayson
FDAP buddy: Kathryn Seligman

Court reversed DJF placement due to a lack of evidence of benefit to the minor. Although the probation report asserted that DJF was the best placement to address the needs of the minor and "it can be presumed that assertion was based on some knowledge of the DJF" the "unexplained and unsupported assertion of possible benefit is not evidence of reasonable, credible, and of solid value" from which the juvenile court could make an informed decision. Remanded for a new disposition hearing.

In re M.P.
category/ies: Dependency
date posted: 2018-10-17
full opinion (PDF): not available
attorney: Julie Braden
FDAP buddy: Louise Collari

The juvenile court reversed the finding at the six-month review hearing that mother had been provided with reasonable services. The Court found that mother was not responsible for the delays in receiving services. In addition, the Court dismissed the claim of the County that the reasonable services finding was not appealable. The Court found that mother was aggrieved and the reasonable services finding was appealable even if an additional six months of services was ordered by the juvenile court.

In re M.P. A154005 (Div. 5)
category/ies: Dependency, Reasonable Services
date posted: 2018-10-17
full opinion (PDF): not available
attorney: Julie Braden
FDAP buddy: Louise Collari

The Court of Appeal reversed the finding of the juvenile court at the six-month review hearing that reasonable services had been provided to mother. The Court determined that mother was not responsible for the delays in receiving services. The Court also rejected the claim of the County that the reasonable services finding was not appealable. The Court found that mother was aggrieved and the reasonable services finding was appealable even if an additional six months of services were ordered for mother.

In re U.M. A153124 (Div. 3)
category/ies: Dependency, ICWA
date posted: 2018-08-21
full opinion (PDF): not available
attorney: Elizabeth Klippi
FDAP buddy: Louise Collari

In this appeal from the termination of parental rights, the Court of Appeal reversed and remanded the matter to the juvenile court for compliance with the inquiry and notice provisions of the ICWA. The Agency conceded that limited remand was necessary to inquire of all maternal relatives for whom the Agency had contact information about their knowledge of Indian ancestry.

 

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