ICWA

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements do not apply when a minor is brought into custody pursuant to a warrant (section 340). The minor was removed from his parents pursuant to a detention…

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements apply when a minor is brought into custody pursuant to a warrant. The minor was removed from her parents pursuant to a detention warrant. The parents denied…

The Indian Child Welfare Act (ICWA) is consistent with the authority granted to Congress by Article I of the Constitution. In three challenges, a birth mother, foster and adoptive parents, and the State of Texas challenged ICWA on multiple constitutional…

Substantial evidence supported the juvenile court’s finding that the Indian Child Welfare Act (ICWA) did not apply. The minor was removed from parents and placed with paternal grandfather. Neither parent reported Indian ancestry and ICWA was found not to apply.…

The Indian Child Welfare Act (ICWA) section 224.2, subdivision (b) initial inquiry requirements do not apply when a minor is removed pursuant to a warrant (section 340). The minors were removed from their parents pursuant to a detention warrant. The…

The Agency fulfilled its initial inquiry duties under the Indian Child Welfare Act (ICWA) when it interviewed two relatives, but neglected to interview other available relatives. The detention report following the minor’s removal noted that Mother claimed Blackfoot and Cherokee…

The initial ICWA inquiry requirements of section 224.2, subdivision (b) do not apply when a minor is removed pursuant to a warrant under section 340. The Agency sought and received a protective custody warrant for minor due to concern that…

Tribes are a real party in interest who are prejudiced by the Agency’s failure to conduct an adequate initial ICWA inquiry. The minor was removed from his parents and placed with maternal relatives who wished to adopt them. The Agency…

The Indian Child Welfare Act (ICWA) inquiry duties mandated by section 224.2 are not limited to biological relationships. Mother is the adoptive mother of the minor. The minor was removed from Mother due to allegations of physical abuse. Mother denied…

Eligibility as a “naturalized member” but not as an enrolled member of a tribe is insufficient to trigger the substantive and procedural safeguards of the Indian Child Welfare Act (ICWA). The minors were removed from Mother and placed in foster…