Justia California Court of Appeals Opinion Summaries

J.S. was born in January 2012. Mother and Father were developmentally delayed. Later that year, the Riverside County Department of Public Social Services received a referral reflecting Mother and Father were neglecting J.S. Both Mother and Father denied having Indian ancestry. The Department took J.S. into protective custody; J.S. was subsequently placed in foster care with his paternal great-grandparents, who notified the Department that J.S. may have Cherokee ancestry (the great-grandfather provided the Department with documentation that J.S.'s great-great-grandfather was Cherokee). The Cherokee Nation verified J.S.'s eligibility to affiliate with the Nation. The Department then filed a petition alleging Mother and Father failed to protect J.S. Specifically: (1) Mother and Father suffered from mental health issues and cognitive delays; and (2) they engaged in domestic violence.The juvenile court terminated the parents' rights. On appeal of that decision, Father contended the juvenile court erred by finding ICWA was inapplicable in this case. Father also argued errors were made in relation to the ICWA inquiry and notice requirements. Mother joined and expanded upon Father’s ICWA arguments. Mother also requested a different judicial officer preside over the case upon remand. Finding no reversible error, however, the Court of Appeal affirmed the judgment. View "In re J.S." on Justia Law

A 17-month-old Indian child was removed from the custody of her mother, who has a lengthy substance abuse problem and has lost custody of at least six other children, and her father, who has an extensive criminal history and has lost custody of one other child. This case involves the placement preferences set forth in the Indian Child Welfare Act (ICWA), 25 U.S.C. 1901 et seq. The court concluded that the trial court correctly required that the foster parents demonstrate by clear and convincing evidence that there was good cause to depart from the ICWA's placement preferences. However, the trial court's application of the good cause exception to the facts before it was legally erroneous and the error was prejudicial to the foster parents. Accordingly, the court reversed and remanded. View "In re Alexandria P." on Justia Law