California Supreme Court Watch

#22-304 In re E.L., S276508. (B316261; 82 Cal.App.5th 597, mod. 83 Cal.App.5th 68c; Ventura County Superior Court; T000117.) Petition for review after the Court of Appeal affirmed orders in a juvenile dependency proceeding. The court ordered briefing deferred pending decision in In re Kenneth D., S276649 (#22-302), which presents the following issues: May an appellate court take additional evidence to remedy the failure of the child welfare agency and the trial court to comply with the inquiry, investigation, and notice requirements of the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.), and if so, are the parents entitled to a hearing to challenge the additional evidence before their parental rights are terminated?

Petition for review granted; briefing deferred: 11/30/2022

Transferred to CA 2/6 after hold: 11/13/2024

“The above-captioned matter is transferred to the Court of Appeal, Second Appellate District, Division Six, with directions to vacate its decision and to reconsider the cause in light of the decisions in In re Kenneth D. (2024) 16 Cal.5th 1087 and In re Dezi C. (2024) 16 Cal.5th 1112. (Cal. Rules of Court, rule 8.528(d).)”

See the Court of Appeal Opinion.