Justia Native American Law Opinion Summaries

Appellant, the noncustodial biological father of the minor K.L., appealed the juvenile court’s dispositional judgment, removing the minor from his mother and placing him with his presumed father, L.V. In August 2014, the Siskiyou County Health and Human Services Agency filed a section 300 petition on behalf of the two-year-old minor and his older half sibling, after mother was arrested for child cruelty and possession of a controlled substance. Shortly after the minor was born, L.V. took the minor into his home where he lived for several months. Initially, L.V. believed he was quite probably the minor’s father and treated him as such. A DNA test, requested by mother, confirmed L.V. was not the minor’s biological father. Nonetheless, L.V. continued to treat the minor as his own. The juvenile court found L.V. to be the minor’s presumed father. The Agency thereafter placed the minor and his half sibling with L.V. Shortly after these proceedings commenced, paternity test results revealed appellant to be the minor’s biological father. Appellant had never met the minor and had only recently learned of the minor’s existence. Appellant was an enrolled member of the federally recognized Karuk Indian Tribe . The Karuk Indian Tribe intervened on appeal, contending the juvenile court failed to comply with the procedural requirements of the Indian Child Welfare Act of 1978 ("ICWA") in entering its dispositional judgment. The Court of Appeal found the provisions of ICWA did not apply in this case and affirmed the juvenile court's judgment. View "In re K.L." on Justia Law

Sally H. (Mother) appealed a judgment terminating her parental rights to her child, E.H. Mother's sole claim on appeal was that the juvenile court erred in terminating her parental rights because the court failed to ensure that the San Diego County Health and Human Services Agency (Agency) fully complied with the inquiry and notice requirements of the Indian Child Welfare Act of 1978 and related law. Among other alleged errors, Mother contended the Agency failed to fulfill its duty to inquire of E.H.'s maternal great-grandmother, Sally Y.H., in order to obtain identifying information pertaining to Sally Y.H.'s father, and failed to provide notice of such information to an Indian tribe named the Tohono O'odham Nation. Mother further contended the failure to provide notice of Sally Y.H.'s father's identifying information to the Tohono O'odham Nation was prejudicial because he was likely the source of E.H.'s possible American Indian heritage. The Court of Appeal agreed with Mother that, considering Sally Y.H.'s statement to the Agency that her paternal family had Tohono O'odham Nation heritage, the Agency had a duty to attempt to obtain Sally Y.H.'s father's identifying information and to provide notice of any such information obtained to the Tohono O'odham Nation. If Bruno Y. was Sally Y.H.'s father, and E.H.'s great-great-grandfather, the Agency failed to properly describe his ancestral relationship to E.H. on the notice provided to the Tohono O'odham Nation. Finally, given that Sally Y.H. told the Agency that her paternal family had heritage from the Tohono O'odham Nation, the Court could not conclude the Agency's errors were harmless. Accordingly, the trial court judgment was reversed for the limited purpose of having the Agency provide the Tohono O'odham Nation with proper notice of the proceedings in this case. View "In re E.H." on Justia Law

H.S. and James E. appealed an order terminating parental rights to their son, Collin E. In July 2015, the San Diego County Health and Human Services Agency (Agency) filed a petition under Welfare and Institutions Code section 300 (b) on behalf of the 13-month-old Collin. The petition alleged Collin's mother, H.S., had left him unattended in her car while she was under the influence of a prescription narcotic medication. Police officers arrested H.S. for willful cruelty to a child and being under the influence. H.S. told officers she had taken 50 mg of morphine prescribed for pain caused by a brain tumor. The Agency alleged Collin had suffered, or was at substantial risk of suffering, serious physical harm or illness due to his parents' inability to provide adequate care. James (father) and H.S. argued there was no substantial evidence to support the Indian Child Welfare Act finding that continued custody of the child by the parents was likely to result in serious emotional or physical damage to the child. They also argued the juvenile court erred when it determined the beneficial parent-child relationship exception did not apply and terminated parental rights. Finding no reversible error, the Court of Appeal affirmed. View "In re Collin E." on Justia Law

E.K. (Mother) appealed the termination of her parental rights as to her three children. A petition pursuant to Welfare and Institutions Code section 300 was filed in 2016, as to three minors, then age three years, two years, and 20 months, respectively. The children’s father, R.R., died of a heroin overdose a month prior. The petition alleged that mother was unable to provide adequate care for the children and endangered them as a result of her abuse of controlled substances and her untreated mental health issues. The petition was sustained on June 15, 2016, and reunification services were ordered. Mother had overdosed on heroin several times before the petition was filed. She overdosed again in August 2016. Ultimately, reunification services were terminated. The children were placed in a prospective adoptive home. Parental rights were terminated on October 2, 2017. Mother filed a timely notice of appeal on October 5, 2017. The sole issue Mother raised was lack of compliance with the Indian Child Welfare Act of 1978, or ICWA (25 U.S.C. 1901, et seq.), and with Welfare and Institutions Code sections 224 et seq. The Court of Appeal agreed with Mother’s contention, and conditionally reversed and remanded for compliance with those statutes. View "In re K.R." on Justia Law

The Court of Appeal affirmed the juvenile courts order terminating her parental rights to R.H., an Indian child, and selecting adoption as his permanent plan. The court held that the juvenile court could implicitly conclude that the Tribe had no present interest in participating in the determination of R.H.'s permanent plan; R.H. has never had any contact with the Tribe and was bonded to his prospective adoptive parents, with whom he has lived since he was four months old; and there was good cause to depart from the Indian Child Welfare Act's, 25 U.S.C. 1901 et seq., placement preferences. Furthermore, the court declined to consider Mother's proffered additional evidence. View "In re R.H." on Justia Law

The Court of Appeal affirmed the juvenile courts order terminating her parental rights to R.H., an Indian child, and selecting adoption as his permanent plan. The court held that the juvenile court could implicitly conclude that the Tribe had no present interest in participating in the determination of R.H.'s permanent plan; R.H. has never had any contact with the Tribe and was bonded to his prospective adoptive parents, with whom he has lived since he was four months old; and there was good cause to depart from the Indian Child Welfare Act's, 25 U.S.C. 1901 et seq., placement preferences. Furthermore, the court declined to consider Mother's proffered additional evidence. View "In re R.H." on Justia Law

Father appealed from the order terminating his parental rights to his daughters under Welfare and Institutions Code section 366.26. The Court of Appeal agreed with Father that there was an inadequate investigation of Mother's claim of Indian ancestry under the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. 1901 et seq. In this case, although the name of the tribe Mother identified did not directly correspond to that of a federally recognized Indian tribe, the Department failed to satisfy is affirmative obligation to interview family members and others who could be expected to have relevant information concerning the children's status, and the juvenile court failed to ensure an appropriate inquiry had been conducted before concluding ICWA did not apply to these proceedings. Accordingly, the court remanded to allow the Department and the juvenile court to remedy that violation. The court otherwise affirmed the order. View "In re Elizabeth M." on Justia Law

Father appealed from the order terminating his parental rights to his daughters under Welfare and Institutions Code section 366.26. The Court of Appeal agreed with Father that there was an inadequate investigation of Mother's claim of Indian ancestry under the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. 1901 et seq. In this case, although the name of the tribe Mother identified did not directly correspond to that of a federally recognized Indian tribe, the Department failed to satisfy is affirmative obligation to interview family members and others who could be expected to have relevant information concerning the children's status, and the juvenile court failed to ensure an appropriate inquiry had been conducted before concluding ICWA did not apply to these proceedings. Accordingly, the court remanded to allow the Department and the juvenile court to remedy that violation. The court otherwise affirmed the order. View "In re Elizabeth M." on Justia Law

In a previous appeal, the court concluded that the minors’ mother revoked maternal uncle Rafael’s Indian custodian status under the Indian Child Welfare Act, 25 U.S.C. 1901, shortly after the children were detained. The court determined that compelling evidence supported the refusal to place the minors with Rafael as an extended family member—an ICWA "preferred placement"—given their special needs and Rafael’s cognitive deficits. The court rejected Rafael’s challenge to permanent plan orders continuing long-term foster care, concluding that Rafael was no longer a party to the dependency proceedings. While those appeals were pending, Rafael filed a new action, attacking a permanent plan order continuing the minors in foster care. Rafael argued that active efforts have not been made to prevent the breakup of the Indian family, specifically with regards to visitation; and that foster care was neither necessary nor appropriate, as he is willing and able to take custody. The court of appeal dismissed, finding that Rafael lacked standing. The minors have been in permanent plans for several years, so services should be tailored to support their compelling need for stability and permanency. Rafael can continue to appear in juvenile court and request visitation as an interested relative and the Tribe remains involved, arguing for increased contact among the minors, Rafael, and the grandmother. Rafael only lacks standing to challenge the minors’ permanent plans. View "In re E.R." on Justia Law

T.C. appealed the juvenile court's dispositional order placing her minor daughter, A.F., in the care of her paternal grandmother, Donna F. T.C. contended the court erred by failing to comply with the placement preferences required under the Indian Child Welfare Act (ICWA) (25 U.S.C. 1901 et seq.) and argued the juvenile court should have continued A.F.'s placement with T.C.'s maternal cousin. The Court of Appeal agreed with the Agency that the juvenile court's dispositional order complied with the applicable placement preferences and affirm the order. View "In re A.F." on Justia Law