Fresno County Department of Children & Family Sevices v. Superior Court

In March 2004, respondent Fresno County Superior Court, sitting as a juvenile court, terminated parental rights to half sisters, one-year-old Rhiannon and three-year-old Lily. Rhiannon is an Indian child within the meaning of the Indian Child Welfare Act ( 25 U.S.C. §1901 et seq.; ICWA); she is eligible for membership in the federally recognized Cold Springs Ranchería of the Mono Indians (tribe). Lily, although also of Native American descent, is not an Indian child under ICWA. While termination was undisputed at the March proceedings, the children’s placement was hotly contested. The tribe, joined by Fresno County Department of Children and Family Services (the department) and the children’s mother, petitioned the juvenile court to place the children with an Indian family, selected by the tribe in accordance with ICWA’s placement preference ( 25 U.S.C. § 1915 ) and approved by the department. The children’s attorney objected, claiming there was “good cause” under ICWA not to follow the placement preference. Following an evidentiary hearing, the juvenile court agreed with the children’s attorney and denied the tribe’s petition. The court further ordered that if the…