Justia Native American Law Opinion Summaries

The Supreme Court reversed the determination of the district court that the Indian Child Welfare Act (ICWA) did not apply to this proceeding but declined Mother's request to order her three minor children's immediate return to her, holding that remand was required due to noncompliance issues.Grandparents filed a petition to establish parenting and custody of three minor children, alleging that a child-parent relationship as defined by Mont. Code Ann. 40-4-211(6), existed between the children and Grandparents and that Parents had engaged in conduct contrary to the parent-child relationship. Parents and Grandparents subsequently signed a stipulated parenting plan designating Grandparents as the sole guardians of the children. Mother later filed a notice that she was withdrawing her consent to the stipulated parenting plan pursuant to 25 U.S.C. 1913(b), part of ICWA, and a motion for immediate return of the children to her custody. The district court denied relief, ruling that ICWA does not apply to internal family disputes. The Supreme Court reversed, holding that the district court failed to follow ICWA's procedural requirements and that remand was required for further proceedings. View "In re L.R.J." on Justia Law

N.L., Sr. appeals from the juvenile court’s order terminating his parental rights. A.H. and N.L., Sr. were the biological mother and father of N.L., Jr., born in 2015 and J.L., born in 2018. In August 2020, N.L. and J.L. were removed from their home after law enforcement performed a welfare check. N.L., Sr. argues the court lacked subject matter jurisdiction to terminate his parental rights, the Grand Forks County Human Service Zone (GFCHSZ) lacked standing, and the court erred in finding GFCHSZ met the requirements for termination of parental rights under the federal Indian Child Welfare Act (ICWA) and N.D.C.C. § 27-20.3-19. Finding no reversible error, the North Dakota Supreme Court affirmed the termination. View "Interest of N.L." on Justia Law

Mother appealed from the juvenile court order terminating her parental rights to her child Adrian L. pursuant to Welfare and Institutions Code section 366.26.1 She contends the Los Angeles County Department of Children and Family Services (DCFS) did not comply with its duty under section 224.2, subdivision (b) to inquire of extended family members, including maternal grandmother, paternal grandmother, and paternal aunt, regarding Adrian’s potential status as an Indian child as defined in the Indian Child Welfare Act of 1978 (ICWA).   The Second Appellate District affirmed. The court concluded additional inquiry would not have yielded information that was likely to bear meaningfully on the question of whether Adrian is an Indian child. The court explained that its review of the record as a whole does not disclose that unquestioned extended family members were likely to have had information that would have borne meaningfully on whether Adrian is an Indian child. Accordingly, any ICWA inquiry error under section 224.2, subdivision (b), was harmless. View "In re Adrian L." on Justia Law

Mother appeals from an order terminating her parental rights to her daughter under Welfare and Institutions Code section 366.26. Mother contends the juvenile court erred when it determined the Los Angeles County Department of Children and Family Services (DCFS) satisfied its inquiry obligations under the Indian Child Welfare Act (ICWA) and related California law as to daughter’s possible Indian heritage. No interested party filed a respondent’s brief; instead, the mother, DCFS, and daughter filed a joint application and stipulation for conditional affirmance and remand to the juvenile court to order DCFS to inquire of a non-relative extended family member (NREFM) caring for the child, and available maternal and paternal extended family members in compliance with ICWA and related California law.   The Second Appellate District conditionally reversed. The court explained that the juvenile court shall order DCFS to make reasonable efforts to interview the NREFM (I.C.) and available maternal and paternal family members about the daughter’s Indian ancestry. The court wrote that this case involves reversible error because the parties agree, and we concur, there was noncompliance with the inquiry requirements of ICWA and related California provisions. Here, DCFS only inquired of the parents regarding Native American ancestry. DCFS did not ask the NREFM I.C. (daughter’s caregiver and prospective adoptive parent), or the extended known maternal and paternal family members about Indian heritage. Pursuant to Welfare and Institutions Code section 224.2, subdivision (b), DCFS had a duty to ask daughter’s “extended family members” and “others who have an interest in the child” whether daughter is an Indian child. View "In re A.C." on Justia Law

A.C. (Mother) is the mother of E.C., now three years old. In 2020, E.C. was taken into protective custody after Mother’s domestic violence-related arrest, and, in 2021, she was made a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivisions (b)(1) and (j).1 Mother timely appealed the juvenile court’s order terminating her parental rights under section 366.26.2 E.C.’s alleged father, Ed. C., is not a party to the appeal. Mother’s sole claim on appeal is that Kern County Department of Human Services (the Department) failed to comply with the Indian Child Welfare Act of 1978(ICWA) and related California law with respect to its duty of “further inquiry,” which was triggered by information that maternal great-grandmother and two maternal great-uncles were enrolled members of the Apache tribe   The Fifth Appellate District conditionally reversed the juvenile court’s finding that ICWA does not apply and remanded the matter to the juvenile court with directions to order the Department to comply with the inquiry and documentation provisions set forth in section 224.2, subdivisions (b) and (e), and rule 5.481(a)(5). The court further explained that if, after determining that an adequate inquiry was made consistent, the juvenile court finds that ICWA applies, the court shall vacate its existing order and proceed in compliance with ICWA and related California law. If the court instead finds that ICWA does not apply, its ICWA finding shall be reinstated. In all other respects, the court’s orders terminating Mother’s parental rights are affirmed. View "In re E.C." on Justia Law

A mother appeals an order terminating parental rights over her son, based on a deficient initial inquiry about Indian ancestry. The only source of information about ancestry was the mother. The Los Angeles County Department of Children and Family Services could have satisfied its inquiry obligations by asking for contact information and making a few phone calls.   The Second Appellate District conditionally reversed and remanded to allow the Department and juvenile court fully to comply with the Indian Child Welfare Act (25 U.S.C. Section 1901 et seq.) (the Act) and related California law. The court reasoned that because the Department does not argue the issue and because the effect tribal involvement may have had on this case is unknown, the son’s adoptive placement does not establish harmlessness. The court held that, after completing the initial inquiry, there is no reason to believe the son is an Indian child, the court shall reinstate its order terminating parental rights. View "In re Oscar H." on Justia Law

M.H. (Father) and A.C. (Mother) are the parents of K.H., now 20 months old. Due to his parents’ drug use, K.H. was taken into protective custody following his birth and made a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivision (b)(1).1 The juvenile court subsequently terminated Mother’s and Father’s parental rights under section 366.26,2 and Father timely appealed. The sole claim advanced by Father is the alleged violation of the Indian Child Welfare Act of 1978 (ICWA) and related California law. Father contends Kern County Department of Human Services (the Department) and the juvenile court failed to comply with their affirmative and continuing duties of inquiry under section 224.2, subdivision (a), the Department failed to comply with its broad duty of inquiry set forth under section 224.2, subdivision (b), and remand for an adequate inquiry is required.   The Fifth Appellate conditionally reversed the juvenile court’s finding that ICWA does not apply and the matter is remanded to the juvenile court with directions to order the Department to comply with the inquiry and documentation provisions set forth in section 224.2, subdivision (b), and rule 5.481(a)(5). If, after determining that an adequate inquiry was made consistent with the reasoning in this opinion, the court finds that ICWA applies, the court shall vacate its existing order and proceed in compliance with ICWA and related California law. If the court instead finds that ICWA does not apply, its ICWA finding. View "In re K.H." on Justia Law

Father of the minor M.R. appealed a trial court’s judgment after it freed the minor from father’s custody and control, and freed the minor for adoption by the maternal great-grandmother (grandmother). Father contended the court failed to comply with the inquiry and notice requirements under the Indian Child Welfare Act (ICWA) because: (1) the court-appointed investigator and the court failed to investigate extended family members; and (2) the court made no findings as to whether the minor was an Indian child. The Court of Appeal conditionally reversed the judgment and remanded for limited proceedings to ensure compliance with the ICWA. View "Adoption of M.R." on Justia Law

Two tribes claimed to be a child’s tribe for purposes of the Indian Child Welfare Act (ICWA): The Native Village of Wales claimed the child was a tribal member; the Native Village of Chignik Lagoon claims that the child is “eligible for tribal membership.” After the superior court terminated the biological parents’ parental rights, Wales moved to transfer subsequent proceedings, including potential adoption, to its tribal court. Chignik Lagoon intervened in the child in need of aid (CINA) case, arguing that the child was not a member of Wales under Wales’s constitution and that transfer of further proceedings to the Wales tribal court was not authorized under ICWA. The superior court found that the child was a member of Wales and that Wales was the child’s tribe for ICWA purposes, and therefore granted the transfer of jurisdiction. Chignik Lagoon appealed. After review, the Alaska Supreme Court affirmed the superior court’s determination that the child was a member of Wales and that Wales was appropriately designated as the child’s tribe for ICWA purposes. The Supreme Court also concluded that, given that ruling, Chignik Lagoon lacked standing to challenge the transfer of proceedings to the Wales tribal court. View "Native Village of Chignik Lagoon v. Alaska Dept. of Health & Soc. Svcs." on Justia Law

Pro Se respondent-appellant Anthony Hammer (Father) was a member of the Cherokee Nation. His parental rights to his children were terminated, and he sought to collaterally attack the termination order using: McGirt v. Oklahoma, 140 S. Ct. 2452 (2020); the United States' 1866 treaty with the Cherokee, Treaty with the Cherokee, U.S.-Cherokee Nation, July 19, 1866, 14 Stat. 799; and the federal Indian Child Welfare Act (ICWA). Father argued the district court never acquired jurisdiction because the children were domiciled or resided within the Muscogee (Creek) Nation's reservation. The district court implicitly found Children were not residents or domiciliaries of a reservation. At no point in the original proceedings did Father or the tribe allege otherwise. No direct appeal was filed from the original order. Instead, Father brought a claim to vacate more than a year after the judgment terminating his parental rights became final. "A motion to vacate is not a substitute for a timely appeal. A judgment will only be vacated as void if the lack of jurisdiction affirmatively appears on the face of the judgment roll." Because Father failed to demonstrate the judgment was void, the Oklahoma Supreme Court affirmed the order denying Father's motion to vacate. View "Hammer v. Oklahoma" on Justia Law