Justia Native American Law Opinion Summaries

The "[Indian Child Welfare Act] ICWA and [Washington State Indian Child Welfare Act] WICWA were enacted to remedy the historical and persistent state-sponsored destruction of Native families and communities. . . . The acts provide specific protections for Native children in child welfare proceedings and are aimed at preserving the children’s relationships with their families, Native communities, and identities. The acts also require states to send notice to tribes so that tribes may exercise their independent rights and interests to protect their children and, in turn, the continuing existence of tribes as thriving communities for generations to come." At issue in this case was whether the trial court had “reason to know” that M.G and Z.G. were Indian children at a 72-hour shelter care hearing. The Washington Supreme Court held that a trial court had “reason to know” that a child was an Indian child when a participant in the proceeding indicates that the child has tribal heritage. "We respect that tribes determine membership exclusively, and state courts cannot establish who is or is not eligible for tribal membership on their own." The Court held that an indication of tribal heritage was sufficient to satisfy the “reason to know” standard. Here, participants in a shelter care hearing indicated that M.G. and Z.G. had tribal heritage. The trial court had “reason to know” that M.G. and Z.G. were Indian children, and it erred by failing to apply ICWA and WICWA standards to the proceeding. View "In re Dependency of Z.J.G." on Justia Law

The Supreme Court reversed the order of the trial court terminating Father's parental rights to his children, holding that the trial court failed to comply with the mandatory notice requirements of the Indian Child Welfare Act and that the post termination proceedings did not cure the errors.On appeal, Father asked the Supreme Court to vacate each of the judgments and orders entered in this case because the trial court failed to comply with the notice requirements under the Act before terminating his parental rights. The Supreme Court agreed and remanded the case, holding that where the trial court had reason to know that an Indian child might be involved and that where any notices the trial court sent failed to include all of the necessary information required by statute, the trial court's order terminating Father's parental rights must be reversed. View "In re E.J.B." on Justia Law

This case began when, in December 2016, plaintiff-respondent San Bernardino Children and Family Services (CFS) learned that Mother threatened to physically abuse J.W., the youngest of her two daughters, then one year old. Mother had called 911 and threatened to stab herself and J.W. Police officers detained Mother and temporarily committed her pursuant to Welfare and Institutions Code section 5150. CFS’s detention reports stated that, a few weeks prior, Mother had moved to California from Louisiana, where she had been living with A.W., J.W.'s father. According to a family friend, Mother was spiraling into depression in Louisiana and had mentioned relinquishing her children to the Louisiana Department of Children and Family Services. The family friend urged Mother to come live with her in California, which she did. The family friend also informed CFS that in 2010 Mother had suffered traumatic brain injuries requiring dozens of surgeries, from a car accident that killed Mother’s mother and sister. Since the accident, Mother had suffered from grand mal seizures and had been diagnosed with schizophrenia. CFS petitioned for J.W. and her older half-sister L.M. After the detention hearing, the juvenile court found a prima facie case and detained the children. Although the detention reports noted Mother’s recent move from Louisiana, CFS did not address whether there was jurisdiction under the UCCJEA, and the juvenile court made no finding concerning the UCCJEA. Ultimately Mother's rights to the children were terminated. A.W. challenged the termination, contending the juvenile court failed to comply with the UCCJEA, such that Louisiana should have been the forum for the case. Mother contended the juvenile court failed to comply with the Indian Child Welfare Act of 1978. The Court of Appeal determined that, even assuming the juvenile court lacked UCCJEA jurisdiction, A.W. forfeited the ability to raise his argument on appeal. "Forfeiture would not apply if the UCCJEA provisions governing jurisdiction implicated the courts’ fundamental jurisdiction, but...they do not." The Court determined there was no failure to apply the ICWA, “ICWA does not obligate the court or [child protective agencies] ‘to cast about’ for investigative leads.” View "In re J.W." on Justia Law

An Alaska Native teenage minor affiliated with the Native Village of Kotzebue (Tribe) was taken into custody by the Office of Children’s Services (OCS) and placed at a residential treatment facility in Utah. She requested a placement review hearing after being injured by a facility staff member. At the time of the hearing, the minor’s mother wanted to regain custody. At the hearing the superior court had to make removal findings under the Indian Child Welfare Act (ICWA), as well as findings authorizing continued placement in a residential treatment facility under Alaska law. At the hearing, the minor’s Utah therapist testified as a mental health professional. The minor, as well as her parents and the Tribe, objected to the witness being qualified as an ICWA expert, but the superior court allowed it. The minor argued the superior court erred in determining that the witness was qualified as an expert for the purposes of ICWA. Because the superior court correctly determined that knowledge of the Indian child’s tribe was unnecessary in this situation when it relied on the expert’s testimony for its ICWA findings, the Alaska Supreme Court affirmed. View "In the Matter of April S." on Justia Law

The Sacramento County Department of Child, Family and Adult Services (Department) filed a dependency petition on behalf of the newborn minor pursuant to Welf. & Inst. Code section 300, subdivisions (b) and (j). The petition alleged the minor suffered, or was at substantial risk of suffering, harm due to substance abuse by mother and alleged father M.W. The petition further alleged substantial risk to the minor due to the abuse or neglect of, and eventual termination of mother’s parental rights over, the minor’s three half-siblings. Mother and M.W. reported they believed M.W. was the minor’s biological father but requested a paternity test for confirmation. Mother also reported the maternal grandfather had Native American heritage with the Apache Tribe, later confirming her claim in her parental notification of Indian status form (ICWA-020). M.W. denied having any Indian ancestry. At a detention hearing, the juvenile court made ICWA orders as to mother and ordered the minor detained. The Department interviewed mother in custody, and learned A.C. (father) could potentially be the minor's biological father. No parent was present for a January 2019 jurisdiction/disposition hearing. The court ordered the Department to continue its search for father and, upon locating him, inform him of the proceedings and his options for establishing paternity, and to make ICWA inquiry. Father appeared in court on March 27, 2019, and requested paternity testing to determine whether the minor was his biological child. By May 2019, father was given court appointed counsel, and was found to be the minor's biological father. Because family members refused to cooperate with a social worker's investigation, twelve tribes were contacted for help determining the minor's status as an Indian Child. Ten confirmed the minor was not an Indian for purposes of the ICWA, and the remainder did not respond by the time of the hearing. The court ruled the ICWA did not appeal as to the minor, and Father's parental rights to the child were ultimately terminated. He appealed, arguing the Department failed to comply with the ICWA. Finding no reversible error, the Court of Appeal affirmed the juvenile court's ICWA ruling and termination of parental rights. View "In re M.W." on Justia Law

The Court of Appeal affirmed the juvenile court's jurisdictional and dispositional orders concerning seven of Mother's children. Leslie is the presumed father of the four older children and Edward is the presumed father of the three younger children.The court held that the juvenile court had subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In this case, California was the children's home state for purposes of the UCCJEA, and thus California courts have jurisdiction to make an initial child custody determination. The court also held that the duties under the Indian Child Welfare Act of 1978 were not met with respect to Edward's side of the family, but were met with respect to Mother's and Leslie's side of the family. View "In re Austin J." on Justia Law

A.M. (Mother) appealed the juvenile court’s order terminating her parental rights as to her two children, 11-year-old A.M. and six-year-old J.T., Jr. In late 2017, DPSS received an immediate response referral with allegations of general neglect and sexual abuse. It was reported that Mother had allowed her two sons to go into a hotel room for hours with an 18-year-old male stranger who sexually abused them. After Mother discovered the sexual abuse, she failed to report the alleged crime to law enforcement. Instead, the suspect disclosed what he had done to his mother, who then drove the suspect to the police station to turn himself in. On appeal, Mother argued: (1) the order terminating her parental rights should have been reversed because the Riverside County Department of Public Social Services (DPSS) failed to comply with the inquiry and notice requirements of the Indian Child Welfare Act (ICWA) and with Welfare and Institutions Code section 224 et seq; and (2) all orders had to be reversed because the juvenile court failed to comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) because California did not have subject matter jurisdiction. The Court of Appeal rejected Mother’s contentions and affirmed the judgment. View "In re A.M." on Justia Law

M.J. (Mother) appeals the order entered following the jurisdiction and disposition hearing in the juvenile dependency case of her minor child, D.S. D.S. was living with his paternal aunt (Aunt), later determined to be his presumed mother. The Agency alleged D.S.'s father was deceased, Mother had previously caused the death of another minor, and Aunt was no longer able to care for D.S. As discussed in the detention report, Mother's parental rights were terminated after she was charged and convicted of killing D.S.'s brother. D.S. had been placed in the care of his father, who subsequently died suddenly in March 2018. Aunt assumed care for D.S., but reported to the Agency that she could not currently care for D.S. due to her own health issues. In a report prepared for the jurisdiction and disposition hearing, the Agency detailed its inquiry into whether the Indian Child Welfare Act applied to the proceedings. The Agency stated: (1) Mother denied having any Indian heritage; (2) D.S.'s great-grandmother stated that her great-grandmother (D.S.'s great-great-great-great-grandmother) was "affiliated with the Sioux and Blackfeet tribes;" (3) Aunt denied that she or [her grandmother] have ever lived on an Indian reservation, have a tribal enrollment number or identification card indicating membership/citizenship in an Indian tribe; and (4) Aunt denied she has any reason to believe D.S. was an Indian child. Mother contended the court erred by not complying with the inquiry provisions of the Indian Child Welfare Act. The Court of Appeal concluded after review that the juvenile court's finding that the Agency completed its further inquiry was supported by the evidence. Similarly, there is substantial evidence supporting the juvenile court's conclusion that "there is no reason to believe or know that [ICWA] applies." View "In re D.S." on Justia Law

At issue in consolidated appeals before the Alaska Supreme Court were the custody proceedings involving the same child before two courts of independent sovereignty: the State of Alaska and the Native Village of Barrow (NVB). A child custody case was initiated in the Utqiagvik superior court. Thereafter, NVB, through its tribal court, took custody of the child in a tribal child in need of aid (CINA) case. In 2016 the superior court ultimately denied the mother’s state court motion to modify custody. NVB sought to intervene in the state custody case, but the superior court denied its motion. The mother appealed the superior court’s denial of her motion to modify custody; NVB appealed the order denying its motion to intervene. The Alaska Supreme Court determined that under the Indian Child Welfare Act (ICWA), a superior court receiving a tribal court order to determine whether the order was issued in an ICWA-defined child custody proceeding and, if it was, was mandated to follow ICWA section 1911(d)’s full faith and credit mandate. The superior court erred in ruling that the NVB tribal court lacked jurisdiction without following the procedures underlying the process for giving full faith and credit to a tribal court order. View "Native Village of Barrow v. Williams" on Justia Law

The Court of Appeal conditionally reversed the juvenile court's disposition order removing father's children from his custody and continuing their placement in foster care. The court held that CWS was required to complete its Indian Child Welfare Act (ICWA) inquiry and notification process at least 10 days before the disposition hearing, because CWS sought continuance of foster care. Accordingly, the court remanded to the juvenile court for the limited purpose of allowing CWS to comply with ICWA. View "In re N.D." on Justia Law