Nov. 8, 2022 – In re E.C. (5th Dist., F084030)

In an appeal from the termination of parental rights, the Court of Appeal agrees with appellant that there was a “reason to believe” E.C. may be an Indian child and that the Department’s failure to conduct a further inquiry and document the results in the record was error. The court denies the Department’s request to consider postjudgment evidence relating to its inquiry of the family members. The court conditionally reverses the order finding the ICWA does not apply and remands with directions.