Sep. 2, 2022 – In re Y.M. (4th Dist., Div. 1, D080349)

In an appeal from a WIC 366.26 hearing, the Department concedes, and the Court of Appeal agrees, that the Department did not comply with its WIC 224.2(b) duty of initial inquiry. However, the court applies the prejudice standard set forth in In re Benjamin M. and finds that the initial-inquiry error, a state law error, was not prejudicial and affirms the WIC 366.26 order.

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