J.H.

J.H. Ex Rel. Kirk v. Baldovinosre

Good Law
583 F. App'x 833
United States Court of Appeals for the Ninth CircuitJuly 28, 201412-15372, 12-16242, 12-16411California583 words

Opinion

Opinion

MEMORANDUM

Belinda K. (“Belinda”), mother of J.H., an Indian child, appeals the district court’s grant of summary judgment to appellees (“the County”) in her Indian Child Welfare Act (“ICWA”) petition; the court’s grant of the County’s motion to dismiss her 42 U.S.C. § 1983 action; and its decision to remand her removal action. Because the parties are familiar with the history of this case, we need not recount it here. We affirm the district court.

I

Belinda argues the district court erred by basing its rejection of her ICWA petition in part on hearsay declarations that violate her Sixth Amendment confrontation rights. She argues that any California statutes that allow for the admission of hearsay statements in juvenile proceedings violate the Sixth Amendment, as well. We disagree.

First, as the district court correctly noted in its denial of Belinda’s motion for reconsideration, Belinda waived this issue by failing to object to these declarations below. Pfingston v. Ronan Eng’g Co., 284 F.3d 999 , 1003-04 (9th Cir.2002) (noting that this court will generally “not review issues raised for the first time on appeal,” including new evidentiary arguments on appeal from a summary…

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