CALIFORNIA FAMILY LAW
...Custody and Visitation
......Indian Child Welfare Act (ICWA)
.........In General
8 Cards On This Topic:

ICWA does not apply when Cherokee F never had custody and does not bar termination of his parental rights; non-Indian family may adopt when no other eligible candidates sought adoption; remanded.

As CRC 5.484(c)(2) merely directs the court to pursue tribal membership for C who is an Indian child per ICWA, to prevent the breakup of the Indian family and to qualify C for tribal services, it is consistent with state law and valid.

Substantial evidence supported finding that active efforts made to prevent Indian family breakup where there were attempts to help mother w/substance abuse, housing and work, and HHSA and Tribe provided remedial & rehab. services.

Guardianship order for Indian C reversed where trial court failed to comply with inquiry and notice requirements of the ICWA and continued as if the ICWA did not apply.

Appellate court cannot override Choctaw Nation's determination that children are not eligible for tribal membership.

HSSD and court erred in finding grandfather's contributing to delinquency of a minor conviction was nonexemptible for Indian child's placement purposes.

HSSD's handling of the Indian custodian designation forms did not mandate reversal; grandmother did not become C's custodian because of the forms, which designated mother custodian and were not signed by F.

Law does not require information about great-great-ancestors be included in ICWA notices, and error in failing to include C1's information in notices was harmless where he and C2 were siblings with same mother.