Justia Native American Law Opinion Summaries

Two children were the subjects of a child welfare proceeding after concerns about their well-being led to the filing of a dependency petition. Their mother denied Native American heritage in earlier proceedings, but the record showed that neither the original county child welfare agency nor the juvenile court made sufficient inquiry into the children’s possible Indian ancestry, as required by both federal and California law. The case was later transferred to a different county, where the new agency also relied mainly on the mother’s denials without contacting extended maternal relatives. After the mother’s parental rights were terminated, she appealed, arguing that the agencies failed to comply with their statutory inquiry obligations.The California Court of Appeal, Second Appellate District, Division One, previously affirmed the ruling that the beneficial relationship exception did not apply but conditionally reversed the order terminating parental rights due to inadequate inquiry into possible Indian ancestry under the Indian Child Welfare Act (ICWA) and related state law. On remand, the Los Angeles County Department of Children and Family Services conducted an extensive inquiry, attempting to reach multiple maternal relatives and formally noticing several tribes and the Bureau of Indian Affairs. The responses indicated the children were not eligible for tribal membership, and most relatives did not provide information substantiating tribal affiliation.After the additional inquiry, the Superior Court of Los Angeles County found no reason to believe the children were Indian children and reinstated termination of parental rights. The mother appealed again, challenging the adequacy of the inquiry. The California Court of Appeal, Second Appellate District, Division One, held that the child welfare agency’s actions satisfied their statutory duties under ICWA and related laws. The court affirmed the juvenile court’s order terminating the mother’s parental rights, holding that the agency undertook reasonable and diligent efforts and that further inquiry or notice was not required on the facts presented. View "In re X.A." on Justia Law

A newborn child was taken into state custody shortly after birth due to testing positive for addictive substances and requiring intensive medical care for withdrawal. The mother, who initially sought substance abuse treatment, was involuntarily discharged from her program for rule violations and aggression. After her discharge, she failed to participate in drug testing and further treatment, and disengaged from the Office of Children’s Services (OCS) for about a year. The child, considered an “Indian child” under federal law, was eventually placed in a foster home compliant with the Indian Child Welfare Act (ICWA). The father was largely absent and uninvolved. After nearly the child’s entire life in state custody, the agency petitioned to terminate parental rights.The Superior Court for the Third Judicial District in Anchorage held a termination trial. The OCS presented testimony from a substance abuse expert and a cultural expert from the child’s tribe, as required by ICWA. The cultural expert, who was a tribal elder and had relevant experience, testified generally about substance abuse, the importance of child safety, and the parents’ noncooperation, but provided little detail about the tribe’s specific cultural standards as they related to the mother’s conduct. The superior court found clear and convincing evidence of risk of harm to the child, relied on the expert testimony, and terminated the mother’s parental rights.On appeal, the Supreme Court of the State of Alaska found that, although the expert was qualified, his testimony did not sufficiently contextualize the mother’s conduct within the tribe’s social and cultural standards, as required by ICWA. The court held that such testimony must be specifically grounded in the facts of the case and provide meaningful cultural context. Because this standard was not met, the Supreme Court reversed the termination of parental rights and remanded for further proceedings. View "Viva G. v. State" on Justia Law

A child, K.L., was removed from his mother’s custody after allegations of substance abuse and child endangerment. The Los Angeles County Department of Children and Family Services (DCFS) filed a petition on K.L.’s behalf, and he was placed with his half-siblings at their maternal aunt’s home. The mother’s whereabouts were frequently unknown, and she made only limited appearances during the proceedings. The father, J.A., was not initially involved but later established his biological relationship to K.L. and participated in reunification efforts, which ultimately were terminated after the court found his progress insufficient. The juvenile court then terminated both parents’ rights after determining K.L. was likely to be adopted, and no exception to adoption applied.After the termination of his parental rights, the father appealed, arguing that DCFS failed to conduct an adequate initial inquiry under the Indian Child Welfare Act (ICWA) and corresponding California law. Specifically, he asserted that DCFS should have made greater efforts to contact the maternal grandmother to determine whether K.L. might have Indian ancestry. The father contended that the failure to interview the maternal grandmother rendered the inquiry insufficient and warranted conditional reversal of the termination order.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the record and determined that DCFS fulfilled its initial inquiry obligations by contacting all reasonably available relatives, including the parents, paternal grandmother, maternal aunt, and others. The court found that maternal grandmother was not reasonably available, as her contact information could not be obtained and the maternal aunt declined to provide it without her consent. The court held that DCFS was not required to take additional investigative steps. The order terminating parental rights was affirmed. View "In re K.L." on Justia Law

Twin infants who are eligible for tribal membership were placed in emergency foster care with licensed, non-tribal foster parents after being born with serious medical issues. The county obtained temporary legal custody of the children through a Child in Need of Protection or Services (CHIPS) proceeding, and the children were eventually moved from the foster parents’ home to the home of maternal relatives who are members of the same tribe as the children. The foster parents, after learning of the planned move, sought to intervene permissively in the CHIPS case, filed a third-party custody petition, and moved to stay the placement change, arguing in part that tribal placement preference statutes were unconstitutional.The Minnesota District Court denied the foster parents’ motions to intervene and for a stay, and dismissed the third-party custody petition without considering their constitutional arguments. The Minnesota Court of Appeals affirmed in part, reversed in part, and remanded. It directed the district court to reconsider intervention and third-party custody, and addressed the constitutionality of the Minnesota Indian Family Preservation Act (MIFPA), finding it constitutional. On remand, the district court again denied intervention and dismissed the third-party custody petition, concluding the foster parents were not proper parties and could not file such petitions in the ongoing CHIPS proceeding.The Minnesota Supreme Court consolidated the appeals. It held that the district court did not abuse its discretion in denying permissive intervention, as such intervention was not in the children’s best interests. The court also held that a third-party custody petition is not available in juvenile court CHIPS proceedings and may only be brought as a petition to transfer custody by a party to the action. Because the foster parents were not parties, the court declined to address their constitutional challenges to ICWA and MIFPA, and vacated the Court of Appeals’ discussion of those constitutional issues. The court affirmed in part, vacated in part, and remanded for further proceedings. View "In the Matter of the Welfare of the Children of: L.K." on Justia Law

Two children were removed from their parents’ home in June 2020 and subsequently found by the Juvenile Court of Williams County, North Dakota, to be children in need of protection. The children remained in the custody of North Star Human Service Zone. In 2022, the State petitioned to terminate the parental rights of both parents, but those petitions were denied. On April 1, 2025, the State filed new petitions to terminate parental rights. Following a hearing, the juvenile court found that termination was in the children’s best interests and ordered that the parental rights of G.G. (the father) and S.F. (the mother) be terminated. The court issued oral and written findings supporting its decision, but neither addressed whether the Indian Child Welfare Act (ICWA) applied. G.G. appealed the termination of his parental rights, contending that the juvenile court’s findings were inadequate because they failed to determine whether ICWA applied. The State responded that ICWA was not applicable. The Supreme Court of North Dakota noted that in termination proceedings, a juvenile court must make a threshold inquiry and finding as to whether ICWA applies whenever there is reason to know the child may be an Indian child. The Supreme Court further explained that this inquiry is required for each new petition, and the absence of such a finding constitutes clear error. The Supreme Court of North Dakota held that the juvenile court’s failure to make a threshold finding on ICWA applicability was clearly erroneous. The Supreme Court remanded the case to the juvenile court with instructions to make a finding on whether ICWA applies, based on the existing record or with additional evidence if necessary. The Supreme Court retained jurisdiction during the remand. View "Interest of D.G." on Justia Law

The case concerns a child who was removed from his parents due to domestic violence, the father’s criminal history, and the mother’s untreated mental illness. The Los Angeles County Department of Children and Family Services placed the child with a caretaker and provided reunification services to the parents, but these efforts were unsuccessful. Parental rights were ultimately terminated, and adoption was set as the permanent plan. Throughout the proceedings, the Department investigated whether the child might have Native American heritage, as required under California law analogous to the federal Indian Child Welfare Act (ICWA).The Superior Court of Los Angeles County reviewed the Department’s efforts to determine the child's possible Native American ancestry. The parents had initially denied any such heritage, but at one point the father suggested there might be Native American ancestry. The Department interviewed or attempted to contact numerous relatives and family associates about possible Native American ancestry, but did not contact four specific known relatives. After reviewing the Department's inquiry, the juvenile court found there was no reason to know that ICWA applied in this case.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the adequacy of the Department’s inquiry under the deferential standard established by the California Supreme Court. The Court of Appeal held that the Department had adequately discharged its duty of reasonable inquiry by asking those persons it would normally contact whether the child might have Native American heritage, and was not required to contact every possible relative. The Court of Appeal affirmed the juvenile court’s order, explicitly disagreeing with a contrary approach that would impose broader duties on the Department. View "In re K.G." on Justia Law

Two minor children, J.C. and S.C.Y., both enrolled members of the Mandan Hidatsa Arikara Nation, were placed in the care of Ward County Human Service Zone after repeated removals due to concerns about their mother, P.D.'s, ability to provide proper care. The children were found to be in need of protection and had spent substantial periods in foster care. The State sought termination of P.D.’s parental rights, alleging persistent issues that endangered the children’s well-being, including P.D.'s instability, incomplete compliance with service plans, ongoing substance abuse, and involvement in criminal activity.The Juvenile Court of Ward County, North Central Judicial District, reviewed the petitions and held a trial. The court considered testimony from various witnesses and documentary evidence, including progress reports and judicial notice of prior protection proceedings. The juvenile court found clear and convincing evidence that the children were in need of protection, the causes for protection were likely to continue, and the children had suffered harm. The court also found, beyond a reasonable doubt, that returning the children to P.D. would likely cause them serious emotional or physical harm. The court terminated P.D.’s parental rights.On appeal, the Supreme Court of North Dakota reviewed the case. The court affirmed the juvenile court’s factual findings and conclusions regarding the need for protection and likelihood of ongoing harm. However, the Supreme Court found that the juvenile court failed to make the required specific findings under N.D.C.C. § 27-19.1-01(2), which mandates detailed findings that “active efforts” were made to provide remedial and rehabilitative services to prevent the breakup of the Indian family, and that these efforts were unsuccessful. The Supreme Court retained jurisdiction and remanded the case for the juvenile court to make these necessary findings, allowing additional evidence if required. View "Interest of S.C.Y." on Justia Law

Two children, Claudia and Leila, were declared dependents of the court after an incident in which their parents, Wendy C. (Mother) and Michael M. (Father), engaged in a domestic altercation in the children’s presence, with Father under the influence of methamphetamine and in possession of a knife. The Los Angeles County Department of Children and Family Services (the Department) filed petitions alleging parental substance abuse and failure to protect the children. The juvenile court sustained these allegations, removed the children from Father’s custody, and initially placed them with Mother. Later, after Mother failed to comply with court-ordered counseling and tested positive for drugs, the children were removed from her care as well. Reunification services were terminated, and the court ultimately found the children adoptable, terminating both parents’ rights and designating the current caretaker as the prospective adoptive parent.Mother appealed the termination of her parental rights, arguing that the Department and the juvenile court failed to comply with the inquiry requirements of the Indian Child Welfare Act (ICWA) and the California Indian Child Welfare Act (Cal-ICWA). The Department had interviewed the parents, both grandmothers, and a paternal aunt, all of whom denied knowledge of Indian ancestry. However, the Department did not inquire of other extended family members, including the maternal grandfather, maternal aunt, maternal uncle, and paternal grandfather, despite having or being able to obtain their contact information.The California Court of Appeal, Second Appellate District, Division Seven, held that the Department did not fulfill its duty under section 224.2, subdivision (b), to interview all reasonably available extended family members regarding possible Indian ancestry. The court conditionally reversed the orders terminating parental rights and remanded the case for further ICWA and Cal-ICWA inquiry and compliance. If the children are found to be Indian children, a new hearing must be held; otherwise, the original orders will be reinstated. View "In re Claudia R." on Justia Law

John Doe, a Native American juvenile and member of the Eastern Shoshone Tribe, was charged in federal court with multiple offenses, including kidnapping a minor on tribal land for the purpose of physical assault. The government filed a six-count juvenile information, and Doe admitted to certain charges, including kidnapping, assault with a dangerous weapon, and provided a factual basis for his admissions. The events occurred in a trailer on the Wind River Indian Reservation, where Doe assaulted two minor victims and instructed one to remain in a closet as he left the scene.The United States District Court for the District of Wyoming held an admission hearing, where Doe, with counsel, admitted to the relevant charges. The court found a sufficient factual basis and conditionally accepted the admissions. After a delinquency hearing, Doe was adjudicated delinquent on several counts and committed to detention and supervision. Following the district court’s judgment, the Tenth Circuit decided United States v. Murphy, which clarified that the “holds” element of federal kidnapping requires proof the victim was detained for an appreciable period beyond that necessary to commit any related offense. Doe appealed, arguing his admission was not knowing or voluntary because he was not informed of this temporal requirement.The United States Court of Appeals for the Tenth Circuit reviewed the case under the plain error standard. The court held that Murphy did not clearly establish the temporal requirement as an essential element of kidnapping, nor did Doe demonstrate that the district court’s failure to inform him of this requirement was a plain error under well-settled law. The court affirmed the district court’s judgment of delinquency. View "United States v. Doe" on Justia Law

Two children, S and P, who are members of the Pit River Tribe, were the subject of juvenile dependency proceedings in Oregon. The Department of Human Services (DHS) initially pursued reunification with their mother as the permanency plan. However, after DHS determined that reunification was no longer safe or feasible, it petitioned to change the plan to tribal customary adoption (TCA), a process recognized under the Oregon Indian Child Welfare Act (ORICWA) that allows for adoption through tribal custom without terminating parental rights. The juvenile court held a contested permanency hearing, received evidence from DHS, the tribe, and a qualified tribal expert, and ultimately found by clear and convincing evidence that TCA was an appropriate permanent placement and in the children’s best interests. The court then requested the tribe to submit a formal order or judgment evidencing completion of the TCA.After the tribe submitted its TCA resolution, the juvenile court scheduled a hearing to consider whether to accept the tribe’s documentation. At this hearing, the mother objected, arguing that she was entitled to a contested evidentiary hearing to challenge the TCA and that the court was required to make an independent best-interests determination. The juvenile court accepted the tribe’s resolution, entered judgment for TCA, and terminated its jurisdiction over the children. The mother appealed, raising procedural and substantive challenges to the process.The Oregon Supreme Court reviewed whether the juvenile court was required to hold a contested evidentiary hearing before accepting the tribe’s TCA order or judgment. The court held that neither ORICWA nor the TCA statute requires a juvenile court to conduct a contested evidentiary hearing after a tribe submits its completed TCA documentation. The court found that the required determinations—including whether TCA is an appropriate permanent placement and is in the child’s best interests—are made at the permanency hearing, and the TCA hearing is not intended to relitigate those issues. The Supreme Court affirmed the decisions of the Court of Appeals and the circuit court. View "Dept. of Human Services v. M. G. J." on Justia Law