Justia Native American Law Opinion Summaries

After the birth of a child who qualified as an Indian child under the Indian Child Welfare Act (ICWA), the Office of Children’s Services (OCS) in Alaska took emergency custody due to the mother’s substance use during pregnancy. Initially, no relatives were available for placement, so the child was placed with a non-relative foster parent. Nearly two and a half years later, the mother requested that the child be placed with his great-grandmother. OCS denied this request, citing unsafe conditions in the great-grandmother’s home, including excessive clutter that posed safety risks. The great-grandmother made some improvements but did not sufficiently address the concerns. OCS also expressed doubts about her judgment and ability to protect the child, referencing past incidents involving other family members.The Superior Court of the State of Alaska, Fourth Judicial District, held a placement review hearing after the great-grandmother requested judicial review of OCS’s denial. The court found by clear and convincing evidence that OCS did not abuse its discretion in denying the placement, determining that the great-grandmother’s home remained unsuitable and that her past actions raised concerns about her ability to prioritize the child’s needs. The court also concluded that OCS was not required to provide the great-grandmother with reasonable efforts to make her home suitable, as she was not the child’s parent or guardian.On appeal, the Supreme Court of the State of Alaska considered whether ICWA required OCS to demonstrate “active efforts” to assist the great-grandmother in overcoming obstacles to placement. The court held that ICWA’s active efforts requirement applies to preserving or reunifying the family unit with a parent or Indian custodian, not to extended family members seeking placement. Therefore, OCS was not required to provide active efforts to the great-grandmother in this context. The Supreme Court affirmed the superior court’s decision upholding OCS’s denial of placement. View "Betsy F. v. State" on Justia Law

A child, B.M., was born to Cheryl Melius and Lakota Songer, who were no longer in a relationship at the time of birth. Cheryl initially had sole custody and did not inform Lakota of the birth immediately. After B.M. was diagnosed with failure to thrive, Cheryl voluntarily placed the child with her brother, Miles, and his wife, Tori (the Meliuses), who were later granted guardianship. Lakota established paternity and sought custody, but the Meliuses initiated a third-party custody action, leading to a combined proceeding. During the litigation, the Meliuses were granted temporary custody, and Lakota was given stepped-up visitation. The Indian Child Welfare Act (ICWA) was found to apply after Lakota disclosed his tribal status.The Circuit Court of the Sixth Judicial Circuit, Gregory County, South Dakota, held a trial and found that while the Meliuses had a significant relationship with B.M., they failed to prove by clear and convincing evidence that extraordinary circumstances existed to rebut Lakota’s presumptive right to custody under SDCL 25-5-30. The court awarded Lakota sole custody but granted the Meliuses ongoing visitation and ordered Lakota to use a specific daycare provider. The court also assessed attorney fees against Lakota for his late disclosure of tribal status and for contempt related to violating court orders.On appeal, the Supreme Court of the State of South Dakota affirmed the lower court’s finding that the Meliuses did not establish extraordinary circumstances to overcome Lakota’s parental rights and affirmed the denial of non-parent custody. The Supreme Court reversed the award of permanent visitation to the Meliuses, holding that such visitation cannot be granted absent a finding of extraordinary circumstances rebutting the parent’s rights. The Court also reversed the attorney fees related to the tribal status delay, finding the lower court erred in assigning responsibility to Lakota. The issue regarding the daycare provider was deemed moot. The case was remanded to determine attorney fees solely attributable to contempt. View "Melius v. Songer" on Justia Law

A child, J.B., was removed from her mother’s care in 2015 after reports of drug use by the mother. The Department of Public Health and Human Services initially dismissed its petition in 2018 after the father completed a treatment plan and J.B. was cared for by her paternal grandmother. In 2021, J.B. was again removed, this time from her paternal grandmother’s home due to allegations of sexual abuse by an uncle. Over the next several years, J.B. experienced multiple placements, including with relatives and in therapeutic foster care, while the Department attempted to provide services and reunification efforts. The mother’s engagement with the Department and her appointed counsel was sporadic, and she struggled with substance abuse and unstable living conditions.The Seventeenth Judicial District Court adjudicated J.B. as a youth in need of care and approved a treatment plan for the mother, who failed to comply with its requirements. The Fort Belknap Indian Community, recognizing J.B. as an Indian child under the Indian Child Welfare Act (ICWA), moved to transfer the case to tribal court. The father objected to the transfer, and the District Court denied the motion. The court later terminated both parents’ rights, finding that the Department made active efforts to reunify the family and that continued custody by the mother would likely result in serious harm to J.B. The mother appealed, arguing ineffective assistance of counsel, improper denial of the transfer to tribal court, and insufficient evidence for termination.The Supreme Court of the State of Montana affirmed the District Court’s decisions. It held that under ICWA, either parent’s objection to transfer to tribal court is an absolute bar, and the father’s written objection was sufficient. The Court found no ineffective assistance of counsel, as the mother’s lack of engagement prevented effective advocacy. Finally, the Court concluded that the District Court did not abuse its discretion in terminating the mother’s parental rights, as the statutory and ICWA requirements were met by evidence beyond a reasonable doubt. View "Matter of J.B., YINC" on Justia Law

The Office of Children’s Services (OCS) removed two Indian children from their home after finding their parents intoxicated and unable to care for them. The superior court adjudicated the children as being in need of aid, and the children’s tribe intervened. The children’s father moved to another state and, after initially failing to engage with OCS, eventually completed all case plan requirements. OCS then sought to place the children with their father through the Interstate Compact for the Placement of Children (ICPC), but the other state denied approval. Despite this, OCS sought permission from the superior court to release custody to the father while he was temporarily in Alaska.The superior court found that the ICPC was inapplicable to a release of custody to a parent under AS 47.14.100(p) and granted OCS’s request, dismissing the case. OCS released custody to the father before he left Alaska. The Native Village of Saint Michael appealed, arguing that the ICPC should apply and that the superior court failed to make adequate best interest findings.The Supreme Court of the State of Alaska reviewed the case and concluded that when OCS properly releases custody of a child to a parent under AS 47.14.100(p), the requirements of the ICPC do not apply, even if the parent plans to subsequently transport the child to another state. The court affirmed the superior court’s decision that the ICPC was inapplicable under the circumstances and that the other state’s approval was not required for placement with the father. The court also affirmed the dismissal of the case. View "Native Village of Saint Michael v. State" on Justia Law

A mother appealed the July 2024 orders of the Montana Thirteenth Judicial District Court, Yellowstone County, which awarded guardianship of her children, I.R.S. and M.W.A.H., to non-kinship, non-Native American foster parents. The children were removed from the mother's home due to her illicit drug use and associated safety concerns. I.R.S. is a member of the Northern Cheyenne Tribe, triggering the Indian Child Welfare Act (ICWA). The Department initially placed I.R.S. with the mother's sister (Aunt), but later removed him due to allegations of physical abuse. The mother did not object to the new placement at the time. M.W.A.H. was born in September 2022 and was also removed from the mother's custody due to her continued issues. Both children were placed with a non-kinship, non-Native American foster family.The District Court adjudicated both children as youths in need of care and extended temporary custody to the Department. The mother did not contest these adjudications. The Department later petitioned for guardianship, which the mother initially contested but later approved of the placement. However, she changed her mind multiple times during the proceedings. The Aunt filed a motion to intervene, asserting her right under ICWA, but later withdrew her motion and was deemed an "interested person."The Montana Supreme Court reviewed the case and affirmed the District Court's decisions. The court held that the mother was not denied her right to counsel, as she had stipulated to the adjudication and did not pursue a transfer to tribal court. The court also found that the District Court did not err in failing to treat the mother's questions about transferring her case to tribal court as a motion to transfer. Additionally, the court concluded that the District Court did not erroneously deny the Aunt's motion to intervene, as she withdrew her motion. Finally, the court held that the District Court correctly concluded that good cause existed to deviate from ICWA placement preferences, as the Department had made diligent efforts to find a suitable ICWA-preferred placement but found none. View "In re I.R.S. & M.W.A.H." on Justia Law

K.B. (Mother) appealed the Thirteenth Judicial District Court's order terminating her parental rights to her daughter, P.E.W., arguing that the Montana Department of Public Health and Human Services Child and Family Services Division (Department) failed to engage in active efforts to assist her in reunifying with her Indian child, and that the District Court wrongly approved a non-Native American foster placement for P.E.W., in violation of the Indian Child Welfare Act (ICWA).The District Court had removed K.B.'s children, B.J.B. and P.E.W., from her care due to allegations of physical neglect and abuse. The Department filed a petition for emergency protective services, adjudication as youth in need of care, and temporary legal custody. The court adjudicated P.E.W. as a youth in need of care, granted temporary legal custody to the Department, and determined that ICWA applied. The Department developed a treatment plan for K.B., but she failed to comply consistently. The Department made extensive efforts to assist K.B., including providing transportation, financial assistance, and facilitating visitations. Despite these efforts, K.B. struggled with chemical dependency, unstable housing, and compliance with treatment programs. The District Court extended temporary legal custody multiple times and ultimately terminated K.B.'s parental rights, finding that the Department had made active efforts as required by ICWA and that continued custody by K.B. would likely result in serious emotional or physical damage to P.E.W.The Supreme Court of the State of Montana reviewed the case and affirmed the District Court's decision. The court held that the Department had made active efforts to reunify K.B. with her child, as required by ICWA, and that the District Court did not abuse its discretion in terminating K.B.'s parental rights. The court also found that good cause existed to deviate from ICWA's placement preferences due to the lack of suitable ICWA-compliant placements and the specialized needs of P.E.W. View "In re P.E.W." on Justia Law

In September 2021, the Montana Department of Public Health and Human Services removed J.T.L. and D.L.L. from their parents' care due to drug use and poor home conditions. This was the fourth removal for J.T.L. and the third for D.L.L. The children were enrolled in the Little Shell Tribe of Chippewa Indians in February 2022, and the Department notified the Tribe of the proceedings. The District Court adjudicated the children as youths in need of care in July 2022 and granted the Department temporary legal custody. In August 2022, the court ordered the mother to complete a treatment plan addressing substance use, mental health, parenting, and housing issues. The Department sought termination of her parental rights in October 2023 due to her failure to complete the treatment plan.The Montana Eighth Judicial District Court held a two-day hearing in July 2024 and terminated the mother's parental rights. The mother appealed, arguing that the Department did not make "active efforts" under the Indian Child Welfare Act (ICWA) and that guardianship, not termination, was in the children's best interests. The District Court found that the Department made active efforts to place the children with ICWA-preferred placements and to support their cultural connections. The court also found that the mother failed to comply with her treatment plan and that her condition was unlikely to change within a reasonable time.The Montana Supreme Court reviewed the case and affirmed the District Court's decision. The court held that the Department made active efforts under ICWA and that the termination of parental rights was in the children's best interests. The court found that the Department consulted with the Little Shell Tribe and sought input from various parties to support the children's cultural engagement. The court also found that the mother failed to complete her treatment plan and that her continued custody would likely result in serious emotional or physical damage to the children. View "Matter of D.L.L. & J.T.L." on Justia Law

The case involves M.D., the mother of minor H.M., who appeals the termination of her parental rights by the Superior Court of Tuolumne County. The appeal centers on the alleged noncompliance with the Indian Child Welfare Act (ICWA) by the Tuolumne County Department of Social Services. M.D. contends that the department failed to fulfill its duty of inquiry and adequately document its efforts regarding H.M.'s potential Native American ancestry.Initially, the department responded to a referral in April 2023, when both M.D. and newborn H.M. tested positive for drugs. H.M. was placed into protective custody. During the inquiry, M.D. reported she was adopted and unaware of her Native American ancestry, while the father mentioned possible Blackfeet tribe ancestry. The department sent notification letters to relatives, and some expressed interest in H.M.'s placement but did not confirm Native American ancestry.The Superior Court of Tuolumne County held several hearings, during which M.D. and the father were present. The court made findings that H.M. might be an Indian child and directed further inquiry. The department contacted the three federally recognized Cherokee tribes and the Blackfeet tribe. Two Cherokee tribes responded that H.M. was not eligible for membership, while the Cherokee Nation required additional information, which the department provided but received no further response.The Court of Appeal of the State of California, Fifth Appellate District, reviewed the case. The court found that the department and the juvenile court conducted adequate inquiries and documented their efforts sufficiently. The court held that the department's inquiry into H.M.'s potential Native American heritage was proper and that the ICWA did not apply. Consequently, the court affirmed the termination of M.D.'s parental rights. View "In re H.M." on Justia Law

A father opposed the petition of his child's foster parent for guardianship. The child, a member of his mother's tribe, had been in the foster parent's care for about two years. The Office of Children's Services (OCS) took custody of the child in 2019 due to domestic violence and drug abuse in the mother's home. The father, living in Arizona at the time, was contacted by OCS after the child was taken into custody. OCS attempted to place the child with the father, but an Arizona home study recommended against it. The child was placed with the foster parent, a relative and tribal member.The superior court granted the foster parent's guardianship petition after an evidentiary hearing, finding it in the child's best interests and that returning the child to the father would likely result in serious emotional damage. The father appealed, arguing that the guardianship was a de facto termination of parental rights and required additional findings and procedural steps.The Alaska Supreme Court remanded the case to the superior court to address whether OCS had made active efforts to prevent the breakup of the family, as required by the Indian Child Welfare Act (ICWA). On remand, the superior court made additional findings on the existing record and reaffirmed the guardianship order.The Alaska Supreme Court reviewed the case and concluded that the superior court did not clearly err or abuse its discretion. The court held that the superior court made the necessary findings under ICWA, including that OCS had made active efforts to prevent the breakup of the family and that guardianship was in the child's best interests. The court also clarified that guardianship proceedings do not require the termination of parental rights and can proceed independently of a Child in Need of Aid (CINA) proceeding. The order appointing the guardian was affirmed. View "In re Protective Proceedings of Macon J." on Justia Law

B.V. and L.T. are the parents of two children, B.V. and B.V. The children were removed from their home in February 2021 after being left unattended at a crime scene for 13 hours. B.V. was arrested for attempted murder and burglary, and L.T. could not be located. A temporary custody order was issued to the Mountain Lakes Human Service Zone. B.V. was later convicted and sentenced to 20 years in prison, with an estimated release date in January 2030. L.T. has not had contact with the Zone since the termination of parental rights petition was filed.The children were adjudicated as needing protection in October 2021, and a 12-month custody order was issued to the Zone. A permanency hearing in November 2022 extended the custody order by six months. The children were taken to Arizona by their maternal aunt in April 2023, but the placement was unsuccessful, and they returned to North Dakota in September 2023. L.T. sporadically attempted visitation but lost contact with the Zone in February 2024. B.V. had minimal contact with the Zone and did not engage in the services offered.The Juvenile Court of Rolette County terminated B.V. and L.T.'s parental rights on October 18, 2024. B.V. appealed, arguing that the Zone did not make active efforts to prevent the breakup of his Indian family as required by the Indian Child Welfare Act (ICWA) and that the State failed to prove beyond a reasonable doubt that continued custody by B.V. would likely result in serious harm to the children.The North Dakota Supreme Court affirmed the termination of B.V.'s parental rights. The court found that the Zone made active efforts to prevent the breakup of the family, including offering supervised visits and conducting relative searches. The court also found that continued custody by B.V. would likely result in serious emotional or physical damage to the children, supported by the testimony of a qualified expert witness. View "Interest of B.V." on Justia Law