Supreme Court of California

In a juvenile law action, arising from an involuntary proceeding in state court and involving notice requirements under the federal Indian Child Welfare Act (ICWA), the Court of Appeal's judgment is reversed. The Supreme Court held that a parent whose parental rights are terminated may challenge a finding of the ICWA's inapplicability in an appeal from a subsequent order, even if the parent failed to raise such a challenge in an appeal from the initial order, because state juvenile courts have a continuing duty to inquire whether a child is an Indian child under the ICWA.

Appellate Information

• Published 2016/07/07

Judges

• LIU

Court

• Supreme Court of California

Counsel