In re Kenneth D., 16 Cal.5th 1087

Kenneth D., an infant, was subject to a juvenile dependency petition after his mother used methamphetamine during pregnancy, leading to his removal from parental custody.
There was initial uncertainty about Kenneth’s paternity; ultimately, J.T. was established as his father after paternity testing.
Both the Placer County Department of Health and Human Services and the juvenile court failed to inquire into J.T.’s possible Native American heritage, a key requirement under ICWA and California law.
The trial court terminated parental rights without proper inquiry into ICWA applicability relating to J.T., and J.T. appealed based on these failures.
On appeal, the Department augmented the record with postjudgment efforts to contact the paternal grandmother and asserted those efforts cured any ICWA error.
The Court of Appeal found the error harmless based on postjudgment evidence; the California Supreme Court granted review on whether such evidence can be considered on appeal.

Issue	Plaintiff's Argument (Dept.)	Defendant's Argument (J.T.)	Held
Can postjudgment evidence cure an inadequate ICWA inquiry on appeal?	Postjudgment investigation provided conclusive information that ICWA did not apply, making remand unnecessary.	Reviewing court may not consider postjudgment evidence; required inquiry must be in the juvenile court.	Absent exceptional circumstances, appellate courts may not consider postjudgment evidence to find ICWA error harmless.

Mississippi Choctaw Indian Band v. Holyfield, 490 U.S. 30 (1989) (explains ICWA's jurisdiction and protections for tribal interests in child custody proceedings)
In re Isaiah W., 1 Cal.5th 1 (Cal. 2016) (addresses procedural safeguards and notice requirements under ICWA)
In re Zeth S., 31 Cal.4th 396 (Cal. 2003) (general principle that appeals are reviewed based on the record before the trial court)
In re Josiah Z., 36 Cal.4th 664 (Cal. 2005) (discusses limitations on consideration of postjudgment evidence on appeal)