In Re Bettye K.
McIssac v. Bettye K.
Opinion
Opinion
Kline, J.
Appellant Ellis K. challenges orders of the juvenile court subjecting his daughter Bettye K. to the jurisdiction of that court under Welfare and Institutions Code section 601, and ordering out-of-home placement. Appellant contends among other things that the challenged orders violated the Indian Child Welfare Act of 1978, 25 United States Code section 1901 et seq. (hereinafter cited as ICWA or the Act). Respondent Shirley Mclssac, as Chief Probation Officer of the City and County of San Francisco, defends the orders, as does Bettye. We will affirm.
I.
Background
Bettye was born in Louisiana in July 1974 to appellant and his then-wife, Bettie R. Bettie R. is a member of the United Houma Nation, a self-described Indian tribe in Southern Louisiana. Bettye is also enrolled as a member of the Houma tribe.
After her parents separated in 1975 or 1976, Bettye lived at various times with her mother, her father, her mother and stepfather, her mother’s parents, and her father’s parents. At some point, due to poor health, Bettye’s mother signed guardianship papers giving custody of Bettye to the paternal grandparents, and for some time thereafter she lived with Bettye in…