Oct. 24, 2022 – In re K.H. (5th Dist., F084002)

Adopting a hybrid standard of review, the Court of Appeal finds that the juvenile court’s ICWA finding was not supported by substantial evidence and that it abused its discretion in concluding otherwise. The court explains that claims of error must be evaluated in view of the remedial purpose underlying ICWA and California law. Relying on the reasoning of In re A.R. (2021) 11 Cal.5th 234, the court finds the prejudice to the rights protected by the ICWA should be injury-focused rather than outcome-focused.

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