In Re Jullian B.

California Indian Legal Services, John A. Maier, Jay B. Petersen, Oakland, Stephen V. Quesenberry and Michael S. Pfeffer, Eureka, for Intervener and Appellant.

Robert A. Ryan, Jr., County Counsel and Renaldo P. Carboni, Deputy County Counsel, for Plaintiff and Respondent.

No appearance for Defendant.

Certified for Partial Publication. [*]

HULL, J.

In this appeal we address the impact of the preference requirements of the Indian Child Welfare Act (ICWA) [1] on the exercise of discretion by state or local agencies when placing Indian children in adoptive homes.

The mother and the minor are members of the North Fork Rancheria of Mono Indians of California (the Tribe). The Tribe appeals from the ruling of the juvenile court finding good cause to reject the placement preference order set forth in the ICWA and permitting the Department of Health and Human Services (DHHS) to place the minor with a non-Indian family. [2] ( 25 U.S.C. § 1915 (a).) We reverse the order of the juvenile court, in part, and remand for further proceedings.

DHHS removed the 17-month-old minor from his mother's custody in April 1999 due to her history of substance abuse and a current arrest for driving…