Orange County Social Services Agency v. Renea Y.

The Seminole Nation of Oklahoma (the SNO) appeals from the judgment terminating the parental rights of Renea Y., an enrolled tribal member, to her daughter, Alexandria. The SNO contends the trial court violated the Indian Child Welfare Act (hereinafter ICWA or Act) by failing *1485 to transfer jurisdiction of the proceedings to the SNO and failing to follow the ICWA placement preferences. We find the trial court properly refused to apply the provisions of the ICWA because neither Alexandria nor Renea had any significant social, cultural or political relationship with Indian life; thus, there was no existing Indian family to preserve.

Facts

Alexandria Y. was bom in December 1990 with cocaine in her system. She was immediately taken into custody by the Orange County Social Services Agency (SSA) and was placed in an emergency shelter home. She was declared a dependent of the juvenile court under Welfare and Institutions Code section 300, subdivisions (a) and (b) in February 1991. In August, when Alexandria was seven months old, she was moved to the home of the T.’s, an Hispanic family, 1 where she has lived ever since. In September, the six-month review hearing was held.…

While I concur in the result in this case and some of the court’s reasoning, I decline to endorse the majority’s gratuitous criticism of In re Bridget R. (1996) 41 Cal.App.4th 1483 [ 49 Cal.Rptr.2d 507 ]. (Maj. opn., ante, at p. 1493.)

Appellant’s petition for review by the Supreme Court was denied September 18, 1996.