Justia Juvenile Law Opinion Summaries

The case concerns a child who was removed from his parents due to domestic violence, the father’s criminal history, and the mother’s untreated mental illness. The Los Angeles County Department of Children and Family Services placed the child with a caretaker and provided reunification services to the parents, but these efforts were unsuccessful. Parental rights were ultimately terminated, and adoption was set as the permanent plan. Throughout the proceedings, the Department investigated whether the child might have Native American heritage, as required under California law analogous to the federal Indian Child Welfare Act (ICWA).The Superior Court of Los Angeles County reviewed the Department’s efforts to determine the child's possible Native American ancestry. The parents had initially denied any such heritage, but at one point the father suggested there might be Native American ancestry. The Department interviewed or attempted to contact numerous relatives and family associates about possible Native American ancestry, but did not contact four specific known relatives. After reviewing the Department's inquiry, the juvenile court found there was no reason to know that ICWA applied in this case.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the adequacy of the Department’s inquiry under the deferential standard established by the California Supreme Court. The Court of Appeal held that the Department had adequately discharged its duty of reasonable inquiry by asking those persons it would normally contact whether the child might have Native American heritage, and was not required to contact every possible relative. The Court of Appeal affirmed the juvenile court’s order, explicitly disagreeing with a contrary approach that would impose broader duties on the Department. View "In re K.G." on Justia Law

Two minor children, J.C. and S.C.Y., both enrolled members of the Mandan Hidatsa Arikara Nation, were placed in the care of Ward County Human Service Zone after repeated removals due to concerns about their mother, P.D.'s, ability to provide proper care. The children were found to be in need of protection and had spent substantial periods in foster care. The State sought termination of P.D.’s parental rights, alleging persistent issues that endangered the children’s well-being, including P.D.'s instability, incomplete compliance with service plans, ongoing substance abuse, and involvement in criminal activity.The Juvenile Court of Ward County, North Central Judicial District, reviewed the petitions and held a trial. The court considered testimony from various witnesses and documentary evidence, including progress reports and judicial notice of prior protection proceedings. The juvenile court found clear and convincing evidence that the children were in need of protection, the causes for protection were likely to continue, and the children had suffered harm. The court also found, beyond a reasonable doubt, that returning the children to P.D. would likely cause them serious emotional or physical harm. The court terminated P.D.’s parental rights.On appeal, the Supreme Court of North Dakota reviewed the case. The court affirmed the juvenile court’s factual findings and conclusions regarding the need for protection and likelihood of ongoing harm. However, the Supreme Court found that the juvenile court failed to make the required specific findings under N.D.C.C. § 27-19.1-01(2), which mandates detailed findings that “active efforts” were made to provide remedial and rehabilitative services to prevent the breakup of the Indian family, and that these efforts were unsuccessful. The Supreme Court retained jurisdiction and remanded the case for the juvenile court to make these necessary findings, allowing additional evidence if required. View "Interest of S.C.Y." on Justia Law

Two children, Claudia and Leila, were declared dependents of the court after an incident in which their parents, Wendy C. (Mother) and Michael M. (Father), engaged in a domestic altercation in the children’s presence, with Father under the influence of methamphetamine and in possession of a knife. The Los Angeles County Department of Children and Family Services (the Department) filed petitions alleging parental substance abuse and failure to protect the children. The juvenile court sustained these allegations, removed the children from Father’s custody, and initially placed them with Mother. Later, after Mother failed to comply with court-ordered counseling and tested positive for drugs, the children were removed from her care as well. Reunification services were terminated, and the court ultimately found the children adoptable, terminating both parents’ rights and designating the current caretaker as the prospective adoptive parent.Mother appealed the termination of her parental rights, arguing that the Department and the juvenile court failed to comply with the inquiry requirements of the Indian Child Welfare Act (ICWA) and the California Indian Child Welfare Act (Cal-ICWA). The Department had interviewed the parents, both grandmothers, and a paternal aunt, all of whom denied knowledge of Indian ancestry. However, the Department did not inquire of other extended family members, including the maternal grandfather, maternal aunt, maternal uncle, and paternal grandfather, despite having or being able to obtain their contact information.The California Court of Appeal, Second Appellate District, Division Seven, held that the Department did not fulfill its duty under section 224.2, subdivision (b), to interview all reasonably available extended family members regarding possible Indian ancestry. The court conditionally reversed the orders terminating parental rights and remanded the case for further ICWA and Cal-ICWA inquiry and compliance. If the children are found to be Indian children, a new hearing must be held; otherwise, the original orders will be reinstated. View "In re Claudia R." on Justia Law

John Doe, a Native American juvenile and member of the Eastern Shoshone Tribe, was charged in federal court with multiple offenses, including kidnapping a minor on tribal land for the purpose of physical assault. The government filed a six-count juvenile information, and Doe admitted to certain charges, including kidnapping, assault with a dangerous weapon, and provided a factual basis for his admissions. The events occurred in a trailer on the Wind River Indian Reservation, where Doe assaulted two minor victims and instructed one to remain in a closet as he left the scene.The United States District Court for the District of Wyoming held an admission hearing, where Doe, with counsel, admitted to the relevant charges. The court found a sufficient factual basis and conditionally accepted the admissions. After a delinquency hearing, Doe was adjudicated delinquent on several counts and committed to detention and supervision. Following the district court’s judgment, the Tenth Circuit decided United States v. Murphy, which clarified that the “holds” element of federal kidnapping requires proof the victim was detained for an appreciable period beyond that necessary to commit any related offense. Doe appealed, arguing his admission was not knowing or voluntary because he was not informed of this temporal requirement.The United States Court of Appeals for the Tenth Circuit reviewed the case under the plain error standard. The court held that Murphy did not clearly establish the temporal requirement as an essential element of kidnapping, nor did Doe demonstrate that the district court’s failure to inform him of this requirement was a plain error under well-settled law. The court affirmed the district court’s judgment of delinquency. View "United States v. Doe" on Justia Law

Two children, S and P, who are members of the Pit River Tribe, were the subject of juvenile dependency proceedings in Oregon. The Department of Human Services (DHS) initially pursued reunification with their mother as the permanency plan. However, after DHS determined that reunification was no longer safe or feasible, it petitioned to change the plan to tribal customary adoption (TCA), a process recognized under the Oregon Indian Child Welfare Act (ORICWA) that allows for adoption through tribal custom without terminating parental rights. The juvenile court held a contested permanency hearing, received evidence from DHS, the tribe, and a qualified tribal expert, and ultimately found by clear and convincing evidence that TCA was an appropriate permanent placement and in the children’s best interests. The court then requested the tribe to submit a formal order or judgment evidencing completion of the TCA.After the tribe submitted its TCA resolution, the juvenile court scheduled a hearing to consider whether to accept the tribe’s documentation. At this hearing, the mother objected, arguing that she was entitled to a contested evidentiary hearing to challenge the TCA and that the court was required to make an independent best-interests determination. The juvenile court accepted the tribe’s resolution, entered judgment for TCA, and terminated its jurisdiction over the children. The mother appealed, raising procedural and substantive challenges to the process.The Oregon Supreme Court reviewed whether the juvenile court was required to hold a contested evidentiary hearing before accepting the tribe’s TCA order or judgment. The court held that neither ORICWA nor the TCA statute requires a juvenile court to conduct a contested evidentiary hearing after a tribe submits its completed TCA documentation. The court found that the required determinations—including whether TCA is an appropriate permanent placement and is in the child’s best interests—are made at the permanency hearing, and the TCA hearing is not intended to relitigate those issues. The Supreme Court affirmed the decisions of the Court of Appeals and the circuit court. View "Dept. of Human Services v. M. G. J." on Justia Law

Three children were removed from their mother’s care after reports of neglect, substance abuse, and domestic violence. Two of the children, C.V.I. and C.J.J.I., are considered “Indian children” under federal and state law due to their tribal affiliations, while the third, R.A.R., is not. The Department of Children, Youth, and Families sought and obtained orders for out-of-home placement and later filed dependency petitions. The children spent several months in foster care while the court process unfolded, with the Department offering various services to the mother and involving the relevant tribe.The Spokane County Superior Court (juvenile court) held a fact-finding hearing and found the children dependent but ruled that whether the Department made “active efforts” to prevent the breakup of the Indian family was a dispositional issue, not required at the dependency stage. The court ordered the children to remain in out-of-home care until disposition. At the subsequent disposition hearing, the court found that the Department had made active efforts and continued the children’s out-of-home placement. The mother appealed, arguing that the Department was required to prove “active efforts” at the dependency hearing. The Washington Court of Appeals agreed, holding that the juvenile court erred by not making an “active efforts” finding at the dependency hearing, and remanded for further proceedings.The Supreme Court of the State of Washington reviewed the case. It held that when a child is placed outside the home, the juvenile court must find that the Department made “active efforts” to prevent the breakup of the Indian family before entering an order of dependency. If such findings are not made, the dependency and dispositional orders must be vacated, and the children must be returned to their parent unless doing so would subject them to substantial and immediate danger or threat of such danger. The court affirmed the Court of Appeals in part and remanded for further proceedings consistent with this holding. View "In re Dependency of C.J.J.I." on Justia Law

A 17-year-old defendant was charged with ten serious offenses, including murder and assault, after a violent confrontation at the home of his rivals. The incident stemmed from a feud with a classmate and escalated when the defendant, accompanied by his family, armed himself and attacked the victims’ home. The attack resulted in the death of one individual and severe injuries to others. The defendant, an enrolled member of the Cherokee Nation, was charged under federal law for crimes committed within the Cherokee Nation Indian Reservation.The United States District Court for the Eastern District of Oklahoma first reviewed the case. The government moved to transfer the defendant from juvenile to adult criminal proceedings under the Juvenile Justice and Delinquency Prevention Act. After an evidentiary hearing, the magistrate judge recommended granting the transfer, and the district court adopted this recommendation after conducting a de novo review. The district court weighed the statutory factors, including the defendant’s age, social background, psychological maturity, prior delinquency record, past treatment efforts, and the availability of rehabilitative programs, and found that most factors favored transfer to adult status.On interlocutory appeal, the United States Court of Appeals for the Tenth Circuit reviewed the district court’s decision for abuse of discretion. The appellate court held that the district court did not abuse its discretion in weighing the statutory transfer factors and found no clear error in its factual findings. The court also rejected the defendant’s Eighth Amendment argument that transfer was unconstitutional due to the potential punishments, holding that the challenge was unripe under circuit precedent. The Tenth Circuit affirmed the district court’s order transferring the defendant to adult criminal proceedings. View "United States v. J.D.V., Jr." on Justia Law

In October 2021, five children were removed from their home under a protective custody warrant and placed into the temporary custody of San Bernardino County Children and Family Services (the Department). Dependency petitions were filed for all five children. At the detention hearing, the mother denied Indian ancestry, and the father of two of the children also denied Indian ancestry but indicated potential Indian heritage on an ICWA form. The juvenile court found ICWA did not apply and took jurisdiction over the children, removing them from parental custody and ordering reunification services for the mother.The mother appealed, arguing the Department failed to fulfill its duty to inquire about the children's potential Indian ancestry from extended family members, as required by former section 224.2, subdivision (b). The Court of Appeal held that the extended-family inquiry duty did not apply because the children were placed into temporary custody pursuant to a warrant under section 340, not section 306, and thus rejected the mother's argument.The Supreme Court of California reviewed the case to resolve the conflict regarding the scope of the initial inquiry duty under former section 224.2. The court concluded that the county welfare department has an extended-family inquiry duty in all cases where a child is placed into temporary custody, regardless of whether the child was removed from the home with or without a warrant. The court held that Assembly Bill 81, which clarified this duty, applies retroactively as it merely clarified existing law.The Supreme Court of California reversed the judgment of the Court of Appeal and remanded the matter to the juvenile court for compliance with the inquiry requirements of section 224.2. If the juvenile court finds the inquiry duty has been satisfied and ICWA does not apply, it shall reinstate the jurisdiction and disposition order. If ICWA applies, the court shall proceed in conformity with ICWA and California implementing provisions. View "In re Ja. O." on Justia Law

The Office of Children’s Services (OCS) removed two Indian children from their home after finding their parents intoxicated and unable to care for them. The superior court adjudicated the children as being in need of aid, and the children’s tribe intervened. The children’s father moved to another state and, after initially failing to engage with OCS, eventually completed all case plan requirements. OCS then sought to place the children with their father through the Interstate Compact for the Placement of Children (ICPC), but the other state denied approval. Despite this, OCS sought permission from the superior court to release custody to the father while he was temporarily in Alaska.The superior court found that the ICPC was inapplicable to a release of custody to a parent under AS 47.14.100(p) and granted OCS’s request, dismissing the case. OCS released custody to the father before he left Alaska. The Native Village of Saint Michael appealed, arguing that the ICPC should apply and that the superior court failed to make adequate best interest findings.The Supreme Court of the State of Alaska reviewed the case and concluded that when OCS properly releases custody of a child to a parent under AS 47.14.100(p), the requirements of the ICPC do not apply, even if the parent plans to subsequently transport the child to another state. The court affirmed the superior court’s decision that the ICPC was inapplicable under the circumstances and that the other state’s approval was not required for placement with the father. The court also affirmed the dismissal of the case. View "Native Village of Saint Michael v. State" on Justia Law

Mother appealed the juvenile court’s orders denying her petition under Welfare and Institutions Code section 388 and terminating her parental rights to her daughter, C.R., born in December 2020. The father was not a party to the appeal. Mother did not challenge the merits of the court’s rulings but argued that the order terminating her parental rights should be conditionally reversed due to deficiencies in the Los Angeles County Department of Children and Family Services’ (DCFS) initial inquiry under the Indian Child Welfare Act (ICWA) and related California statutes.The Superior Court of Los Angeles County, Juvenile Court Referee Juan M. Valles, had previously reviewed the case. The court detained C.R. from her parents in January 2021, sustained a section 300 petition, declared C.R. a dependent, and removed her from her parents’ custody. Mother was granted reunification services, which were later terminated in September 2023. The court denied mother’s section 388 petition in September 2024 and terminated her parental rights. Mother filed separate notices of appeal, which were consolidated for purposes of briefing, argument, and decision.The California Court of Appeal, Second Appellate District, Division Three, reviewed the case. The court found that the juvenile court’s finding that ICWA did not apply was supported by substantial evidence. The court noted that both the Department and the court had previously inquired about the family’s potential Indian ancestry during mother’s dependency case, and maternal grandmother had denied any Indian ancestry. The court concluded that the Department’s inquiry was adequate and that the juvenile court did not abuse its discretion in finding that ICWA did not apply. The court affirmed the juvenile court’s orders. View "In re C.R." on Justia Law