In re Abbigail A.
This was an appeal from a child dependency proceeding involving two minors. The children were eligible for tribal membership but were not Indian children as defined in the Indian Child Welfare Act (ICWA). Rule 5.482(c) of the California Rules of Court requires a juvenile court in this scenario to “proceed as if the child is an Indian child” and to take steps “to secure tribal membership for the child.” The juvenile court in this case directed the Department of Health and Human Services to make efforts to secure tribal membership for the children. While the applications were pending, the court proceeded as if ICWA applied, held a hearing, and adjudged the children to be dependents of the court and ordered them placed with their maternal grandmother. The Court of Appeal reversed, concluding that Rule 5.482(c) conflicted with state law. The Supreme Court reversed the judgment of the Court of Appeal to the extent it held that related Rule 5.484(c)(2) was invalid and affirmed in all other respects, holding (1) Rule 5.482(c) is invalid because it conflicts with the Legislature’s intent to enforce ICWA by codifying its provisions, including the federal definition of Indian child; and (2) Rule 5.484(c)(2) is consistent with state law and valid. View "In re Abbigail A." on Justia Law