Tag Archives: California Court of Appeals — Second District

California COA ICWA Notice Case

Here is the opinion in In re Michael V. An excerpt: Kristina C., the mother of five-year-old Alissa M. and two-year-old K.C., appeals the juvenile court‟s September 29, 2105 order terminating her parental rights and identifying adoption as the permanent … Continue reading

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Published Decision out of the California Court of Appeals (ICWA Inquiry)

Here The father ultimately dropped his appeal of the ICWA inquiry, but the court’s comment is worth noting: To be sure, the juvenile court’s analysis whether the evidence is sufficient to trigger ICWA’s notice requirements for Andrew and Kailey will … Continue reading

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California COA Published Opinion in ICWA Notice Case (Chumash)

Here is the opinion in In re Natalie A.: B261303A

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Reported ICWA Notice Case out of California

Here Here, the juvenile court properly inquired about Shahida’s Indian ancestry at each hearing, and the Department conscientiously interviewed several family members to obtain additional information. During these family interviews, the maternal great uncle informed the Department he had Creek … Continue reading

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California Court of Appeals Decides Gaming Compact Dispute

Here is the unpublished opinion and assorted materials in San Pasqual Band of Mission Indians v. State (Cal. App.): Unpublished Opinion San Pasqual Opposition to State Motion for Summary J San Pasqual Second Amended Complaint

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Unpublished California ICWA Notice Case and the Passive Voice

Opinion here. Court reversed termination and remanded for notice to Navajo Nation. Classic example of the passive voice here: The responsibility for compliance with ICWA falls squarely and affirmatively on the court and the Department. (Welf. & Inst.Code, § 224.3, … Continue reading

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Reported California COA Opinion Reverses Termination of Parental Rights for Violation of ICWA

Ventura County Human Services Agency initially told the juvenile court that ICWA doesn’t apply to Alaska Natives (or, as stated in the opinion, “Eskimo families”). Here is the opinion in In re H.G.: In re HG — B255712

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Two Additional Unpublished Notice Cases out of California

Apparently this is the week for notice cases with particular cause for posting. Here. While the court in this case remands for notice violations in a guardianship case, it sadly does not also hold that Wikipedia is not a solid … Continue reading

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Unpublished Notice Case Out of California

Here. In one line, this case summarizes why the Department’s failure to do notice properly harms kids and families: [Infant]’s adjudication hearing was initially set for October 2013 but was continued approximately five months (due to the Department’s failure to … Continue reading

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California v. Miami Nation Enterprises: California SCT Materials (So Far)

Here: California Petition for Review Public Justice Amicus Brief in Support of Petition MNE Answer to Petition California Petition Stage Reply California Opening Merits Brief MNE Merits Brief California Reply California Supplemental Brief Lower court materials here. Complaint

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , , , , | 1 Comment