In Re MA

Good Law
137 Cal. App. 4th 567·40 Cal. Rptr. 3d 439
Court of Appeal of CaliforniaMarch 9, 2006C049810California3,885 words

Opinion

Opinion

Law Office of Stephanie J. Dolan and Stephanie J. Dolan, for Intervener and Respondent.

California Indian Legal Services and Jenny Y. Kim for amici curiae Pala Band of Mission Indians, Pauma Band of Mission Indians, Pechanga Band of Luiseño Indians, Viejas Band of Kumeyaay Indians, on behalf of Intervener and Respondent.

SIMS, J.

Respondent Karuk Tribe of California (the Tribe) filed a petition to transfer this juvenile dependency proceeding from the Siskiyou County Juvenile Court to the Karuk Tribal Court pursuant to the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq. (ICWA); undesignated statutory references are to title 25 of the United States Code). The juvenile court issued an order granting the transfer.

On appeal, the Siskiyou County Human Services/Adult and Children's Services Department (Department) contends the Tribe was not entitled to the transfer because its tribal court has not been approved by the Secretary of the United States Department of the Interior (Secretary). Because ICWA does not require the Secretary's approval, we affirm the judgment.

R.A., the mother of minor M.A., has a history with the Department dating back to 1985. M.A. was born in April…

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