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 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 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

The juvenile court asserted emergency jurisdiction over seven-year-old A.T., whose mentally ill mother had taken him from Washington state to California in violation of Washington family court orders. The court detained A.T., placed him temporarily with his father in Washington, and initiated contact with the Washington family court to address which state had jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In the meantime, the Wiyot Tribe intervened and, with A.T.’s mother asserted Indian Child Welfare Act (ICWA) required the court to retain jurisdiction in California.The juvenile court determined ICWA was inapplicable and that the Washington family court had continuing exclusive jurisdiction and dismissed the dependency action in favor of the family court proceedings in Washington. The court of appeal affirmed. The juvenile court properly applied the UCCJEA and dismissed the dependency action in favor of family court proceedings in Washington state after finding ICWA inapplicable because the child had been placed with his non-offending parent. ICWA and the related California statutory scheme expressly focus on the removal of Indian children from their homes and parents and placement in foster or adoptive homes. View "In re A.T." 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 Indian Child Welfare Act (ICWA; 25 U.S.C. 1901) gives Indian tribes the right to intervene in dependency proceedings regarding Indian children where foster care placement or termination of parental rights is being sought. The party initiating dependency proceedings must provide the tribe with notice. The Santa Clara County Department of Family and Services filed a juvenile dependency petition on behalf of nine-year-old L.D. At the initial hearing, Mother informed the court of Native Alaskan ancestry. At the dispositional hearing, the Department reported that it had sent notice, in November 2017, to the Native Village of Tanana, the Bureau of Indian Affairs, and the Secretary of the Interior. Receiving no objections, the court found the notice satisfied ICWA. The court found that Mother had sexually abused L.D., who was removed from Mother’s custody with the expectation she would be placed with her maternal grandfather who had been caring for her informally for years. Following another hearing, the court issued a three-year restraining order protecting L.D. from mother. The court later found Mother in violation of the order. Mother filed an appeal from that order but her briefing did not address the restraining order, instead challenging the finding regarding ICWA compliance. The court of appeal dismissed the appeal as untimely but noted that the Department conceded that its notice was inadequate and that notification efforts are continuing. View "In re L.D." on Justia Law

Eight-year-old KV accused her 17-year-old uncle, JAS, of vaginally raping her on tribal land. The FBI interviewed KV, who described the assault to an interviewer who had conducted more than 5,000 such interviews. JAS was charged with an act of juvenile delinquency: sexual abuse of a child under the age of 12, 18 U.S.C. 2241(c). The district court found beyond a reasonable doubt that JAS had sexually assaulted KV as charged. Although the Sentencing Guidelines would have recommended a life sentence had JAS been an adult, his maximum sentence as a juvenile was five years of “official detention,” 18 U.S.C. 5037(c)(2)(A); the district court sentenced him to three. The Sixth Circuit affirmed, rejecting JAS’s arguments that the court improperly admitted the video of the victim’s FBI interview and that the evidence was insufficient to support the finding that he sexually assaulted KV. The court cited Rule 801(d)(1)(B)(ii), which allows the admission of prior out-of-court statements of a trial witness (KV) if: the statements are consistent with the witness’s testimony; the statements are offered to rehabilitate the witness after an opposing party has tried to impeach her “on another ground”; and the opposing party is able to cross-examine the witness about the prior statements. View "United States v. J.A.S." on Justia Law

The Mendocino County Department of Social Services filed a Welfare and Institutions Code section 3001 petition concerning three minors, alleging their mother was unable to care for them, and that Father’s whereabouts were unknown. Mother and Minors were enrolled members of the Hopland Band of Pomo Indians. The case was governed by the Indian Child Welfare Act (25 U.S.C. 1901). The Department located Father in a Florida jail. He requested services. Father was released and submitted evidence that, while incarcerated, Father had completed substance abuse classes and a dog training program. The court sustained an allegation that Father “has a pattern of criminal behaviors that includes a drug-related arrest and conviction in 2014 that severely impairs his ability to care for” his children. He had not seen Minors in more than five years nor spoken to them in two years. At a six-month hearing, Father argued reasonable services were not provided, citing a delay in creating Father’s case plan and failure to provide drug testing or regular phone visitation. The court found reasonable services had been provided; that Father had not complied; and the Department made active efforts to prevent the Indian family's breakup. The court ordered continued services with weekly telephone visits. The court of appeals reversed, finding that, although the likelihood of reunification may be low, the Department was obliged to provide services, regardless of Father’s out-of-state location View "In re T.W." on Justia Law

Four children were referred to the Mendocino County Human Services Agency, based on neglect. Their mother, who had a substance abuse problem, disappeared for days and left the children with their maternal uncle, Rafael, who was unable to provide adequately for their needs due to disabilities. The Agency had received seven prior referrals for mother and her children, members of the Cloverdale Rancheria of Pomo Indians. The Agency contacted Cloverdale's Indian Child Welfare Act (ICWA), 25 U.S.C. 1901, who stated that Cloverdale Rancheria opposed placement with Rafael. Mother was eventually arrested; the children were taken into protective custody. Rafael indicated that he loved the children and had provided care since they were born. Social workers helped him apply for relative placement. No Indian homes were available. Mother initially requested that Rafael be considered for placement. The children, who were found to have multiple developmental, physical, and emotional problems, were ordered into long-term foster care. The court of appeal affirmed, rejecting Rafael’s claims that he was not given mandatory ICWA notices as an Indian custodian; that active efforts were not provided to prevent the breakup of the Indian family; that the detriment finding was defective; and that he was provided ineffective assistance of counsel. Although the juvenile court failed to promptly investigate his Indian custodian status, any errors were harmless, given that mother revoked the custodianship. View "In re E.R." on Justia Law