Justia Native American Law Opinion Summaries

Maria appealed the termination of her parental rights over her three children, who all have the same father, arguing that the Los Angeles County Department of Children and Family Services (DCFS) failed to interview her extended family members about their Indian ancestry. The Indian Child Welfare Act of 1978, 25 U.S.C. 1901, gives Indian tribes concurrent jurisdiction over state court child custody proceedings that involve Indian children living off of a reservation; where possible, an Indian child should remain in the Indian community. California Welfare and Institutions Code section 224.2 lists requirements to effectuate the Act’s policies. The court of appeal affirmed. The record does not support Maria’s argument that readily obtainable information would have shed meaningful light on whether the children are Indian children. There was a prior juvenile court finding that two of Maria’s children are not Indian children, the juvenile court asked Maria, the father, and paternal aunt about Indian ancestry, both parents eschewed Indian ancestry, and Maria was living with extended family members whom she could have asked about potential Indian ancestry. It was unlikely that any further inquiry of family members would have yielded information about Indian ancestry. View "In re Darian R." on Justia Law

The juvenile court sustained a Welfare and Institutions Code section 3002 petition that alleged the mother (S.V.) had brandished a knife and pushed a female companion in the now-three-year-old child’s presence.A social worker inquired of S.V. about the child’s Indian ancestry; she did not give the social worker any reason to believe the child was or might be an Indian child. In preparing the detention report, a social worker interviewed the child’s maternal great-grandmother and maternal great-grandfather. It is not clear whether the social worker asked any relatives about the child’s Indian ancestry. S.V. filed a form stating that she did not have any Indian ancestry as far as she knew. If that changed, S.V. was to inform the court and the social worker. The juvenile court then inquired whether S.V. knew if alleged the father had Indian ancestry. She indicated that he did not have Indian ancestry. The court found it had no reason to know that the alleged father had Indian ancestry; his whereabouts were unknown.The court of appeal remanded. The first-step inquiry duty under the Indian Child Welfare Act, 25 U.S.C. 1903(2), requires the Department to interview, among others, extended family members and others who had an interest in the child. View "In re H.V." on Justia Law

The Supreme Court affirmed the judgment of the trial court terminating Mother's parental rights to her daughter, Carrie, and the trial court's earlier permanency-planning order that eliminated reunification from Carrie's permanent plan, holding that there was no reversible error.On appeal, Mother did not challenge the trial court's conclusions that grounds existed to terminate her parental rights or that termination was in the child's best interests. The Supreme Court affirmed, holding that the trial court (1) did not err by denying Mother's motion to continue the termination hearing; (2) did not reversibly err in failing to comply with the requirements of the Indian Child Welfare Act because there was no reason for the court to know that Carrier was an Indian child under 25 C.F.R. 23.107(c); and (3) did not abuse its discretion by eliminating Mother's visitation with Carrie in a permanency-planning order. View "In re C.C.G." on Justia Law

The circuit court of Cook County adjudicated Z.L. and Z.L.’s siblings abused and neglected minors under the Juvenile Court Act (705 ILCS 405/2-3) and made the minors wards of the court. The appellate court reversed the findings of abuse and neglect and remanded for compliance with the Indian Child Welfare Act of 1978, 25 U.S.C. 1912(a).The Illinois Supreme Court reinstated the judgment of the circuit court, rejecting arguments that the state failed to prove Z.L. was a victim of abusive head trauma and that the court’s finding that Z.L. was physically abused was against the manifest weight of the evidence. The trial court’s conclusion that the mother was unable, at that time, to parent the children was not against the manifest weight of the evidence. The court remanded for a determination of whether there was compliance with the Indian Child Welfare Act. Although the record disclosed that the state sent notification to the Bureau of Indian Affairs on December 20, 2019, there is no evidence as to what has transpired in connection with this notice since that time. View "In re Z.L." on Justia Law

The grandmother of an Indian child was appointed as the child’s guardian. The Office of Children’s Services (OCS) took emergency custody of the child after the grandmother admitted using methamphetamine and the child tested positive for the drug. After working with the grandmother to address her drug use and other issues, OCS petitioned to terminate the grandmother’s guardianship. Following a hearing, the superior court found that termination of the guardianship was in the child’s best interests and removed the grandmother as guardian. The grandmother appealed, arguing that her removal violated the Indian Child Welfare Act (ICWA) and that termination of the guardianship was not in the child’s best interests. Finding no reversible error, the Alaska Supreme Court affirmed the superior court’s removal of the grandmother as guardian. View "In the Matter of the Protective Proceedings of: Baron W." on Justia Law

E.M.’s parental rights as to her son Josiah (born in October 2017) were terminated pursuant to Welfare and Institutions Code section 366.26. The court of appeal conditionally reversed the termination order because the record does not demonstrate that the Department of Children and Family Services fulfilled its duties under the Indian Child Welfare Act of 1978 (25 U.S.C. 1901) (ICWA) or provided the information necessary to the juvenile court to make findings as to the applicability of ICWA. ICWA inquiry and determinations with respect to Father were virtually ignored until the permanency planning stage. DCFS neglected to interview four available paternal relatives in any reasonable timeframe to inquire whether Josiah has Indian ancestry. The paternal grandmother’s statement in April 2019 that she had Cherokee ancestry triggered the duty of further inquiry; DCFS did not follow up for seven months and withheld that information from the court. View "In re Josiah T." on Justia Law

In this appeal following the termination of parental rights, the mother contended only that the social services agency failed to comply with the duty of initial inquiry imposed by state statutory provisions implementing the Indian Child Welfare Act of 1978. The social services agency concedes error but argues that it was harmless. The Court of Appeal determined the agency failed to investigate readily obtainable information tending to shed meaningful light on whether a child was an Indian child, found the error prejudicial and conditionally reversed. "If, after completing the initial inquiry, neither CFS nor the court has reason to believe or to know that Benjamin is an Indian child, the order terminating parental rights to Benjamin shall be reinstated. If CFS or the court has reason to believe that Benjamin is an Indian child, the court shall proceed accordingly." View "In re Benjamin M." on Justia Law

The Department of Children and Family Services filed a petition (Welfare and Institutions Code 300(b)(1) and (j)), alleging Deshawn’s and Clairessa’s history of substance abuse and current use of marijuana placed one-year-old Y.W., and one-month-old Y.G., at risk of serious physical harm. At the jurisdiction and disposition hearing, the juvenile court sustained the petition and declared the children. dependents of the court, removed them from parental custody, and ordered the parents to complete substance abuse and domestic violence programs and to have monitored visitation with the children. At a hearing to select a permanent plan, the juvenile court terminated their parental rights, finding that returning the children to the parents would be detrimental, that the parents had not maintained regular and consistent visitation and contact, and that the children were adoptable.Based on the parents’ allegation that the Department failed to comply with the Indian Child Welfare Act, 25 U.S.C. 1901, the court of appeal conditionally affirm the orders terminating parental rights, with directions to ensure the Department complies with the inquiry and notice provisions of ICWA and related California law. Deshawn and Clairessa had each completed Judicial Council form ICWA-020, Parental Notification of Indian Status. Clairessa checked: “I have no Indian ancestry as far as I know.” Deshawn checked: “I am or may be a member of, or eligible for membership in, a federally recognized Indian tribe. View "In re Y.W." on Justia Law

J.B. appealed a juvenile court order terminating her parental rights to her two children. She argued there was not evidence beyond a reasonable doubt to support the court’s determination under the Indian Child Welfare Act (ICWA) that continued custody by J.B. was likely to result in serious emotional or physical damage to the children. Retaining jurisdiction under N.D.R.App.P. 35(a)(3), the North Dakota Supreme Court remanded to the juvenile court for detailed findings under ICWA, allowing for additional testimony from the qualified expert witness if necessary to make the required findings. After receiving additional testimony, the district court made additional findings, denied the petition to terminate J.B.’s parental rights, and ordered the children be removed from J.B.’s custody for nine months. No party requested additional briefing or argument following the order on remand. Finding no reversible error, the Supreme Court affirmed the juvenile court order. View "Interest of K.B." on Justia Law

The Supreme Court affirmed in part and remanded the order of the district court terminating Mother's parental rights in her child, holding that, while the trial court properly applied North Carolina law in terminating Mother's parental rights, the case is remanded for further proceedings to ensure compliance with the Indian Child Welfare Act.After a termination hearing, the trial court entered can order concluding that grounds existed to terminate Mother's rights in her child pursuant to N.C. Gen. Stat. 7B-1111(a)(1)(2), and (3). Mother appealed, arguing, inter alia, that the trial court failed to comply with the Indian Child Welfare Act. The Supreme Court held (1) the trial court did not err in determining that Mother's parental rights were subject to termination pursuant to section 7B-1111(a)(2); and (2) because the determination of whether there was reason to know the child was an Indian child could not be made on the record, a remand was required. View "In re A.L." on Justia Law