In Re Laura F.

Laura F. v. Bernadette F.

Good Law
2000 Cal. App. LEXIS 697·2000 Daily Journal DAR 9739·83 Cal. App. 4th 583·99 Cal. Rptr. 2d 859·2000 Cal. Daily Op. Serv. 7370
Court of Appeal of CaliforniaAugust 31, 2000F034368California4,397 words

Opinion

Opinion

Ardaiz, J.

Bernadette F., appeals from the order terminating her parental rights (Welf. & Inst. Code, § 366.26) to William C. and Laura F. Because the minors are Indian children, the court was required to comply not only with California’s dependency law, but also the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.), which establishes minimum federal standards, both procedural and substantive, governing the removal of Indian children from their families. (In re Alicia S. (1998) 65 Cal.App.4th 79 , 81 [ 76 Cal.Rptr.2d 121 ].) The mother has also filed a petition to invalidate the termination order under the federal act (see 25 U.S.C. § 1914 ).

In the published portion of this opinion, we address the mother’s contention that the trial court violated a full faith and credit provision contained in the ICWA ( 25 U.S.C. § 1911 (d)) by not giving “absolute deference” to a tribal resolution voicing opposition to the adoption of its members who are dependent children, such as the minors herein. We hold the full faith and credit provision of the ICWA does not require a state court to apply a tribe’s law in violation of the state’s own legitimate policy nor does it empower a tribe…

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