California Court of Appeal

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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

Counsel

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