California Court of Appeal
In re H.G., B255712
Order terminating parental rights is reversed and the matter is remanded with instructions to conduct a new Welfare & Institutions Code section 366.26 hearing in conformity with the provisions of the Indian Child Welfare Act (ICWA) and applicable state law, where: 1) evidence for the first time on appeal establishes that the children, who are of Eskimo descent, are Indian children under the ICWA; and 2) having found the ICWA inapplicable, the juvenile court did not consider the heightened ICWA requirements before terminating parental rights.
Appellate Information
- Decided 02/24/2015
- Published 02/24/2015
Judges
- Perren
Court
- California Court of Appeal