Joan A. v. Native Village of Akhiok

Joan A. filed a petition in the superior court seeking a determination of whether the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.; hereinafter ICWA or the Act) 1 applied to a prospective independent adoption of Baby Girl A. (minor), her natural child, and asking the court to *1614 accept her consent to the proposed adoption. The Native Village of Akhiok, sought to intervene in the proceeding. Ultimately, the lower court denied its request. The village appeals from that order.

The parties seek resolution of two issues: (1) Whether appellant is entitled to intervene in what is described as a prospective adoption action under either the ICWA or state law; and (2) whether the ICWA’s placement preferences would apply to that proceeding. On our own motion, we raised the question of whether a justiciable controversy exists giving California courts jurisdiction to reach the substantive issues. We conclude the matter is justiciable and, on the merits, hold the lower court erred by denying appellant the right to intervene, but that the ICWA’s placement preferences must be considered in light of the entire language of the Act and the Department of Interior’s interpretation…

Dissenting. —The majority’s reasoning is unsound in several respects, and the relief afforded by the lead opinion is unclear and unnecessary. As explained below, we can—and should—simply end the matter now *1622 by affirming the order of the superior court, even though it, too, was grounded on an incorrect reading of the law.

Preliminarily, I note the trial court found this proceeding to determine the voluntariness of the mother’s relinquishment of her American Indian child for adoption to be governed by the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq.) (ICWA). (Compare, Matter of Adoption of Baby Boy L. (1982) 231 Kan. 199 [ 643 P.2d 168 ].) No one has made a serious argument to the contrary here (except the majority); this is hardly surprising, given that the very purpose of the mother’s petition was to comply with the ICWA. Yet my colleagues conclude the Native Village of Akhiok has no right under the ICWA to intervene. They explain the Orange County Superior Court action is not one to terminate parental rights, but is “an ancillary proceeding intended to assist in completing a voluntary adoptive placement.” This is simply incorrect.

Section 1903(l)(ii) of the ICWA…