In Re Baby Girl A.

Jack F. Trope, Bertram E. Hirsch and Allogan Slagle for Movant and Appellant.

Van Deusen, Youmans & Walmsley and Christian R. Van Deusen for Plaintiff and Respondent.

Sylvia Paoli, under appointment by the Court of Appeal, for Minor.

[Opinion certified for partial publication. [*] ]

OPINION

MOORE, J.

Joan A. filed a petition in the superior court seeking a determination of whether the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.; hereinafter ICWA or the Act) [1] applied to a prospective independent adoption of Baby Girl A. (minor), her natural child, and asking the court to accept her consent to the proposed adoption. The Native Village of Akhiok, sought to intervene in the proceeding. Ultimately, the lower court denied its request. The village appeals from that order.

The parties seek resolution of two issues: (1) Whether appellant is entitled to intervene in what is described as a prospective adoption action under either the ICWA or state law; and (2) whether the ICWA's placement preferences would apply to that proceeding. On our own motion, we raised the question of whether a justiciable controversy exists giving California courts jurisdiction to reach the…