Jul. 29, 2022 – In re Ezequiel G. (2nd Dist., Div. 3, B314432)

The Court finds that automatic reversal for ICWA-inquiry error is not compelled by statute, harms the interests of dependent children, and is not in the best interests of Indian communities. Instead, the court holds that claims of ICWA-inquiry error should be reviewed under a hybrid substantial evidence/abuse of discretion standard, and that reversal is required only upon a showing that the error was prejudicial. The dissent urges the Supreme Court to grant review due to the multiple approaches taken by the courts of appeal in evaluating whether ICWA-inquiry error is prejudicial.