Fresno Cnty. Dept. of Social Serv. v. Jimmie S.

Father appealed from a judgment entered pursuant to Welfare and Institutions Code section 366.26, selecting tribal customary adoption (TCA), as the permanent plan for his children. The court rejected Father's contention that the juvenile court erred in affording the TCA order full faith and credit. The court concluded that the Tribe “did not duly exercise subject matter jurisdiction prior to the initiation of the dependency proceedings under 25 U.S.C. section 1911(a), or by transfer under 25 U.S.C. section 1911(b).” In view of the legislative determination that an Indian child’s best interests normally will be best served by preserving his or her tribal connections, there being no evidence to the contrary, the juvenile court did not abuse its discretion in selecting the TCA as the permanent plan. The court rejected Father's claim that the juvenile court erred in affording the TCA order full faith and credit because he was not given an adequate opportunity to be heard on the visitation terms of the TCA order. Accordingly, the court affirmed the judgment. View "Fresno Cnty. Dept. of Social Serv. v. Jimmie S." on Justia Law