ICWA Applies Even If Adoptive Parent is the Only Indian

Here is the opinion in B.R. v. G.R. from the California Court of Appeals, First District. Interesting case….

An excerpt:

This appeal presents the issue of whether the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) (ICWA), applies when the minors’ presumed father in a juvenile dependency proceeding alleges that his adoptive father has one-quarter ancestry in a federally recognized Indian tribe. We hold that the ICWA notice provisions do apply in these circumstances, and conditionally reverse the juvenile court’s order terminating parental rights so that notice of the proceedings may be given to the tribe in question.

This entry was posted in Author: Matthew L.M. Fletcher, Research and tagged , , , , , , , . Bookmark the permalink.

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