In re Kenneth D.
Annotate this CaseJ.T. (father) appealed a juvenile court’s order terminating his parental rights to Kenneth D. (minor) and adopting the recommended findings and orders of the Placer County Department of Health and Human Services (Department). Father’s contentions on appeal were limited to the Department’s and juvenile court’s compliance with the requirements of the federal Indian Child Welfare Act (ICWA), complaining the juvenile court and the Department failed to make the required initial inquiries of father’s ICWA status prior to finding the ICWA inapplicable and terminating his parental rights. Father also argued the Department’s investigation into mother’s possible Native American heritage was inadequate. He contended these errors were prejudicial requiring reversal and that posttermination ICWA inquiries did not cure the alleged noncompliance. To this, the Court of Appeal disagreed: Father did not show the juvenile court’s ICWA determination premised upon information provided by mother was unsupported by substantial evidence, and in light of the augmented record filed May 5, 2022, Father could not show the juvenile court’s and Department’s failure to initially comply with their ICWA duties was prejudicial. Accordingly, judgment was affirmed.
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