inadequate ICWA inquiry (California) · Go Syfert
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inadequate ICWA inquiry in California

6 California opinions name it 2 courts 2024–2026 6 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Los Angeles County Department of Children & Family Services v. Ashlee R.green
cal · 2016 · cited in 5 California opinions naming this issue, 2024–2025
2 sentences

2025DISCUSSION A. ICWA Inquiry “The California Supreme Court recently addressed ‘whether a child welfare agency’s failure to make the statutorily required initial inquiry under California’s heightened ICWA requirements constitutes reversible error.’ (In re Dezi C. (2024) 16 Cal.5th 1112 , 1125.) It ‘conclude[d] a judgment must be conditionally reversed when error results in an inadequate ICWA inquiry.’ (In re Kenneth D.[ (2024)] 16 Cal.5th [1087,] 1094; see In re Dezi C., [supra, 16 Cal.5th] at p. 1125.) “‘ICWA establishes minimum standards for state courts to follow before removing Indian childre

2024ICWA and the Duties of Inquiry and Notice The California Supreme Court recently addressed “whether a child welfare agency’s failure to make the statutorily required initial inquiry under California’s heightened ICWA requirements constitutes reversible error.” (In re Dezi C. (2024) 16 Cal.5th 1112 , 1125.) It “conclude[d] a judgment must be conditionally reversed when error results in an inadequate ICWA inquiry.” (In re Kenneth D. (2024) 16 Cal.5th 1087 , 1094; see In re Dezi C., at p. 1125.) “ICWA establishes minimum standards for state courts to follow before removing Indian children from the

25

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
In Re EW green
calctapp · 2009
1 sentence

2026(In re E.W. (2009) 170 Cal.App.4th 396, 404 .) When a child welfare agency conducts an inadequate ICWA inquiry, and the record is thus underdeveloped as to what information might exist about a child’s Indian ancestry, a harmless error analysis is not feasible.

12026–2026

Statutes the citing opinions construe

USC § 25u.s.c.1901 (6) CFR § 25c.f.r.23.107 (5) USC § 25u.s.c.1903 (5) USC § 25u.s.c.1902 (4) USC § 25u.s.c.1911 (4) USC § 19u.s.c.1912 (3) USC § 25u.s.c.1912 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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