RR

The issue presented by this petition is whether provisions of the Indian Child Welfare Act of 1978 ( 25 U.S.C. § 1901 et seq.) apply in juvenile delinquency proceedings where the child is at risk of entering foster care, but where a termination of parental rights is not involved.

Congress passed the Indian Child Welfare Act of 1978 (ICWA) in response to a concern over the “consequences to Indian children, Indian families, and Indian tribes of abusive child welfare practices that resulted in the separation of large numbers of Indian children from their families and tribes through adoption or foster care placement, usually in non-Indian homes.” (Mississippi Choctaw Indian Band v. Holyfield (1989) 490 U.S. 30, 32 [ 104 L.Ed.2d 29, 36 , 109 S.Ct. 1597 ].) ICWA creates concurrent, but presumptively tribal, jurisdiction in custody cases of Indian children not domiciled on the reservation. ( 490 U.S. at p. 36 [104 L.Ed.2d at pp. 38-39].) For custody proceedings that do take place in state court, ICWA provides certain procedural safeguards, including requirements for notice, appointment of counsel, parental and tribal rights of intervention and petition for invalidation of…