California Supreme Court

In re Kenneth D.

August 19, 2024

Summary

The court held that, absent exceptional circumstances, an appellate court may not use postjudgment evidence to find harmless an inadequate inquiry into a child's possible tribal heritage. Because the juvenile court and agency failed to inquire of the child's biological father and the appellate court improperly relied on later evidence, the court reversed and ordered a conditional remand for compliance with the applicable inquiry and notice requirements.