Synopsis provided by Westlaw: County department of children and family services (DCFS) filed dependency petition on behalf of child, who was considered an Indian child under Indian Child Welfare Act (ICWA) and, after child was placed with foster family and efforts to reunify child with father failed, DCFS, father, and Indian tribe recommended that child be placed with extended family .
Holdings provided by Westlaw: The Court of Appeal, Kriegler, J., held that:
1) trial court did not exceed scope of remand or disregard law of the case by considering impact on child’s cultural identity if she were to remain foster parents;
2) good cause to depart from ICWA’s placement preferences did not exist as a matter of law;
3) substantial evidence supported finding that there was no good cause to depart from ICWA’s placement preferences;
4) any error in excluding full report prepared by bonding and attachment expert was harmless;
5) trial court did not abuse its discretion in considering social worker’s report without allowing foster parents to cross-examine him; and
6) trial court did not abuse its discretion by denying foster parents’ request to present additional evidence or testimony.
Read the full decision on the National Indian Law Library website.