In re K.M. CA4/3
Mother appeals from a judgment in a dependency petition that terminated her parental rights as to her daughter and selected adoption as the daughter’s permanent plan. Mother raises a single issue on appeal: that the court erred in failing to make a finding that Social Services Agency (SSA) had adequately investigated the minor’s Indian ancestry under the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA) and related California law. SSA concedes that the court failed to make a finding and that the evidence would have been insufficient to support a finding.
Nevertheless seeking an affirmance, SSA moves this court to receive additional evidence not before the trial court that allegedly demonstrates, first, that substantial evidence supports a finding that ICWA did not apply, and second, that any error was harmless because mother could not achieve a different result on remand.
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