On Monday morning, the Supreme Court will file its opinions in In re Dezi C. and In re Kenneth D. (Briefs here and here; oral argument videos here and here.)
The issue in Dezi C. is: What constitutes reversible error when a child welfare agency fails to make the inquiry required by the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.; Welf. & Inst. Code, § 224 et seq.) concerning a child’s potential Indian ancestry? The court granted review in September 2022. More about the case here.
Kenneth D. is expected to decide whether an appellate court may 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, and if so, what procedures must be followed. The court granted review in November 2022. More about the case here.
Kenneth D. will be the last opinion for the nine cases that were argued on the late-May calendar. Dezi C. was argued in June and the opinion in that case will leave four undecided cases of the seven from the June calendar. Opinions in those four should file by August 29.
The Dezi C. and Kenneth D. opinions can be viewed Monday starting at 10:00 a.m.
