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In re Ezequiel G.
Courts should review Indian Child Welfare Act inquiry errors under a hybrid substantial evidence/abuse of discretion standard, and reverse only if the error was prejudicial.
Dependency 2DCA/3 Aug. 2, 2022
J.J. v. Superior Court (San Joaquin County Human Services Agency)
Ambiguous court record regarding mother's knowledge of father's physical abuse did not merit denial of reunification services.
Dependency 3DCA Jul. 25, 2022
In re J.W.
Welfare Department's error in failing to adequately inquire about child's Indian heritage was harmless because the child was placed with her maternal grandmother.
Dependency 2DCA/8 Jul. 21, 2022
In re G.A.
Juvenile court's failure to make an Indian Child Welfare Act finding on the record was harmless where the Agency satisfied its duty of inquiry and there was no reason to believe that the child was Native American.
Dependency 3DCA Jul. 21, 2022
In re Rylei S.
Because the court records reflected an almost complete failure of the Department of Children and Family Services' statutory duty to further inquire as to possible Native American ancestry, the error was not harmless.
Dependency 2DCA/7 Jul. 20, 2022
In re M.M.
Adoption assessment that did not directly discuss bond between parent and child was sufficient when evidence of irregular and canceled visits clearly established that the parental benefit exception did not apply.
Dependency 2DCA/8 Jul. 13, 2022
In re M.G.
Finding of lack of emotional bond between parent and child must be substantiated and analyzed in report in order for juvenile court to use the report as basis for its ruling.
Dependency 2DCA/8 Jul. 6, 2022
In re C.S.
Juvenile court did not abuse its discretion by terminating its jurisdiction over child that was in parental custody without providing reunification services to parent not retaining custody.
Dependency 2DCA/7 Jul. 5, 2022
In re E.V.
Failure to conduct Indian Child Welfare Act inquiries is always a miscarriage of justice requiring reversal.
Dependency 4DCA/3 Jul. 5, 2022
In re Daniel F.
Father was entitled to evidentiary hearing on his Welfare and Institutions Code Section 388 petition because agency had to give him notice and opportunity to change his paternity status before terminating parental rights.
Dependency 1DCA/3 May 26, 2021
In re S.R.
There was 'reason to believe' children had Indian ancestry for purposes of Indian Child Welfare Act because grandfather indicated great-grandmother had ancestry tracing to the Yaqui tribe.
Dependency 4DCA/2 May 20, 2021
In re Ma.V.
Juvenile court's jurisdictional order was not supported by substantial evidence because it relied on past conduct instead of current circumstances.
Dependency 4DCA/3 May 10, 2021
J.H. v. G.H.
Children properly excluded from two-year domestic violence restraining order in favor of mother and against father because father did not pose any present danger to children.
Dependency 1DCA/3 May 3, 2021
In re A.T.
Juvenile court correctly found that Indian Child Welfare Act is inapplicable when Indian child is removed from one parent and placed with another.
Dependency 1DCA/3 Apr. 22, 2021
In re Rashad D.
Parent must appeal not only from jurisdiction finding and disposition order but also from orders terminating jurisdiction and modifying parent's prior custody status for appellate court to provide effective relief.
Dependency 2DCA/7 Apr. 21, 2021
In re J.N.
Father's prior incarceration and criminal record were insufficient alone as an evidentiary basis to support either jurisdiction or removal of Father's minor son.
Dependency 2DCA/1 Apr. 6, 2021
In re J.S.
Grandmother's ancestry.com results did not contain identity of tribe or any geographic region where her ancestry originated and was therefore not useful in determining whether juveniles were Indian children.
Dependency 2DCA/7 Apr. 5, 2021
In re F.P.
If visitation is inconsistent with the well-being of the child or detrimental to the child, the juvenile court has the discretion to deny such contact.
Dependency 2DCA/2 Mar. 18, 2021
In re R.A.
Upon failing to receive notice of dependency petition due to lack of diligence by agency, separate showing of best interest is not required.
Dependency 1DCA/2 Mar. 15, 2021
In re I.R.
Daughter returned to Father because substantial evidence in the record during the dependency proceedings did not support a reasonable inference that Father was a generally violent or abusive person.
Dependency 2DCA/1 Mar. 4, 2021
In re Nathan E.
Having children present for incidents of domestic violence creates substantial risk of serious harm for children left in that environment and thus supports removal.
Dependency 2DCA/1 Feb. 23, 2021
Modification: In re K.B.
Mother's lack of supervision put children at substantial risk of physical harm and it was reasonable to infer her drug use was connected to this conduct.
Dependency 2DCA/8 Feb. 2, 2021
In re Brianna S.
After juvenile court places children with 'de facto parent,' social services agency must use Welfare and Institutions Code Section 387 procedures when seeking to remove children, not Section 385.
Dependency 2DCA/2 Feb. 1, 2021
In re K.B.
Mother's lack of supervision put children at substantial risk of physical harm and it was reasonable to infer her drug use was connected to this conduct.
Dependency 2DCA/8 Jan. 7, 2021
In re A.G.
When considering terminating parental rights, juvenile court should exercise caution before denying parent a contested hearing and should construe parent's offer of proof liberally.
Dependency 6DCA Dec. 22, 2020
In re T.G.
County Department of Children and Family Services failed to adequately investigate mother's claim of Indian ancestry under Indian Child Welfare Act of 1978.
Dependency 2DCA/7 Dec. 10, 2020
Modification: In re Christopher L.
Although trial court erred in denying parent counsel at jurisdiction/disposition hearing, error was harmless because he would not have obtained more favorable result.
Dependency 2DCA/1 Nov. 27, 2020
Modification: In re Christopher L.
Although trial court erred in denying parent counsel at jurisdiction/disposition hearing, error was harmless because he would not have obtained more favorable result.
Dependency 2DCA/1 Nov. 16, 2020
In re Christopher L.
Although trial court erred in denying parent counsel at jurisdiction/disposition hearing, error was harmless because he would not have obtained more favorable result.
Dependency 2DCA/1 Nov. 4, 2020
In re D.N.
Juvenile court erroneously believed it lacked authority to grant father's continuance request to extend his reunification services under Welfare and Institutions Code Section 352.
Dependency 2DCA/1 Oct. 30, 2020