Justia California Supreme Court Opinion Summaries

The case involves Angelica A. (mother) and Luis C. (father), who have two children, Dezi C. and Joshua C. In 2019, the Los Angeles County Department of Children and Family Services (Department) filed petitions to assert dependency jurisdiction over the children due to the parents' substance abuse and domestic violence issues. Both parents denied having Indian heritage, and the juvenile court initially found that ICWA did not apply. The children were removed from their parents' custody, and parental rights were eventually terminated in January 2022, with the children deemed adoptable by their paternal grandparents.The mother appealed the termination of her parental rights, arguing that the Department failed to comply with its duty under ICWA and related California provisions to inquire about the children's possible Indian ancestry from extended family members. The Court of Appeal acknowledged the Department's deficient inquiry but concluded that the error was harmless unless the record contained information suggesting a reason to believe the children might be Indian children.The Supreme Court of California reviewed the case and held that an inadequate initial ICWA inquiry requires conditional reversal of the juvenile court’s order terminating parental rights. The court directed the Department to conduct an adequate inquiry and document it properly. If the juvenile court finds the inquiry proper and concludes that ICWA does not apply, the order terminating parental rights will be reinstated. If the inquiry reveals a reason to know the children are Indian children, the court must proceed in conformity with ICWA and California implementing provisions. The judgment of the Court of Appeal was reversed, and the matter was remanded for further proceedings consistent with this opinion. View "In re Dezi C." on Justia Law

The case involves Angelica A. (mother) and Luis C. (father), who have two children, Dezi C. and Joshua C. In 2019, the Los Angeles County Department of Children and Family Services (Department) filed petitions to assert dependency jurisdiction over the children due to the parents' substance abuse and domestic violence issues. Both parents denied having Indian heritage on their Parental Notification of Indian Status forms. The juvenile court initially found that ICWA did not apply based on the parents' denials. The children were removed from their parents' custody, and the parents were provided with reunification services, which were later terminated due to non-compliance. The court eventually terminated the parents' rights, concluding the children were adoptable by their paternal grandparents.The mother appealed the termination of her parental rights, arguing that the Department failed to comply with its duty under ICWA and related California provisions to inquire about the children's possible Indian ancestry from extended family members. The Court of Appeal acknowledged the Department's inquiry was deficient but concluded the error was harmless unless the record suggested a reason to believe the children might be Indian children.The California Supreme Court reviewed the case to resolve the conflict among lower courts regarding the standard for assessing prejudice from an inadequate ICWA inquiry. The Court held that an inadequate Cal-ICWA inquiry requires conditional reversal of the juvenile court's order terminating parental rights. The Department must conduct an adequate inquiry and document it properly. If the juvenile court finds the inquiry proper and concludes ICWA does not apply, the termination order will be reinstated. If ICWA applies, the court must proceed accordingly. The Court emphasized the importance of protecting tribal rights and ensuring compliance with ICWA and Cal-ICWA to determine whether a child is an Indian child. View "In re Dezi C." on Justia Law

Kenneth D. was born prematurely and tested positive for amphetamine and syphilis. His mother admitted to using methamphetamine during her pregnancy. The Placer County Department of Health and Human Services filed a juvenile dependency petition to remove Kenneth from his mother and her partner, T.D., due to suspected drug use. Initial inquiries about potential Native American heritage were made, but both mother and T.D. denied having any. Kenneth was placed in temporary custody.The Placer County Superior Court recognized T.D. as the presumed father based on a voluntary declaration of paternity and Kenneth’s birth certificate. Kenneth was adjudged a dependent and removed from the parents' custody. The court found that the Indian Child Welfare Act (ICWA) did not apply. Later, J.T. was confirmed as Kenneth’s biological father, but the court did not inquire about his potential Native American heritage. The court terminated parental rights and approved an adoption plan, again finding ICWA did not apply. J.T. appealed, arguing the failure to comply with ICWA’s inquiry and notice provisions.The California Supreme Court reviewed the case and held that, absent exceptional circumstances, an appellate court may not consider postjudgment evidence to conclude that an ICWA inquiry error was harmless. The court emphasized that the sufficiency of an ICWA inquiry must generally be determined by the juvenile court in the first instance. The Court of Appeal’s consideration of postjudgment evidence was deemed erroneous. The Supreme Court reversed the Court of Appeal’s judgment and directed a conditional reversal of the juvenile court’s order terminating parental rights, remanding the case for compliance with ICWA and California implementing statutes. View "In re Kenneth D." on Justia Law

The Supreme Court affirmed the judgment of the court of appeal concluding that the Governor acted lawfully when he concurred in the determination of the United States Secretary of the Interior (Interior Secretary) to allow casino-style gaming on tribal trust land in California, holding that California law empowers the Governor to concur.Under the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq., the Interior Secretary may permit gaming on certain land taken into federal trust for an Indian tribe so long as the Governor of the state where the land is located concurs. At issue was whether the California Governor has the authority to concur in the Interior Secretary's determination to allow gaming on tribal trust land in California where the California Constitution has not granted explicit authority to concur in the cooperative-federalism scheme. The Supreme Court held that because the California Constitution, as amended in 2000, permits casino-style gaming under certain conditions on Indian and tribal lands and the Legislature imposed no restriction to the Governor's concurrence power, the Governor acted lawfully in concurring in the Interior Secretary's determination. View "United Auburn Indian Community of Auburn Rancheria v. Newsom" on Justia Law

This case involved the practice of short-term deferred deposit lending, often referred to as “payday” or “cash advance” lending. After the Legislature enacted the California Deferred Deposit Transaction Law (the Law), which limits the size of each loan and the fees that lenders may charge, some deferred deposit lenders sought affiliation with federal recognized Indian tribes, which are generally immune from suit on the basis of tribal sovereign immunity. In this case, a pair of federally recognized tribes created affiliated business entities, which provide deferred deposit loans through the internet to borrowers in California under terms that allegedly violated the Law. At issue in this case was whether these tribally affiliated entities were immune from suit as “arms of the tribe.” The Supreme Court clarified the legal standard and burden of proof for establishing arm-of-the-tribe immunity and held that the entities in this case failed to show by a preponderance of the evidence that they were entitled to tribal immunity as an arm of its affiliated tribe. Remanded for the trial court to address the issue of whether the parties had the opportunity to fully litigate their claims under that standard. View "People ex rel. Owen v. Miami Nation Enterprises" on Justia Law

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

The juvenile court removed Isaiah W., a newborn, from the care of his parents and placed him in foster care. The court found the federal Indian Child Welfare Act (ICWA) inapplicable and did not order the Los Angeles County Department of Children and Family Services to notify any tribe or the Bureau of Indian Affairs. Mother did not appeal from the order placing Isaiah in foster care. More than one year later, the juvenile court terminated Mother’s parental rights. Mother appealed from the second order, arguing that the juvenile court erred by failing to order the Department to comply with ICWA’s notice requirements. The Court of Appeal denied relief. The Supreme Court reversed, holding (1) a parent may challenge a finding of ICWA’s inapplicability in the course of appealing from a subsequent order terminating parental rights, even if the parent did not raise such a challenge in an appeal from the initial order; and (2) in this case, the fact that Mother did not allege ICWA notice error in an appeal from the original dispositional order did not preclude her from raising the claim in this appeal. View "In re Isaiah W." on Justia Law

The Minor in this case was the subject of several delinquency petitions. Minor was eventually placed in foster care. Minor appealed, arguing the dispositional order placing him in foster care had to be reversed because the juvenile court had failed to comply with the notice requirements of the Indian Child Welfare Act (INCA). The court of appeals affirmed, holding notice was not required because federal law specifically excludes delinquency cases from ICWA, and any interpretation of California law that would expand ICWA's application to delinquencies would be invalid under federal preemption principles. The Supreme Court affirmed, holding (1) California law requires the court to inquire about a child's Indian status at the outset of all juvenile proceedings, but ICWA's additional procedures are not required in most delinquency cases; (2) a delinquency court must ensure that notice is given and other ICWA procedures are complied with only under certain circumstances; and (3) assuming Minor was an Indian child, the juvenile court did not err in failing to give notice under ICWA in this case. View "People v. W.B." on Justia Law