Department of Health & Human Services v. Josette B.

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 Ranchería 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 Sacramento County Department of Health and Human Services (DHHS) to place the minor with a *1341 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.

Facts

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 under the influence. The mother is a member of the Tribe. The minor is the youngest of eight children, all of whom have been adopted or otherwise placed out of the mother’s custody. Based upon expert opinion and the social worker’s assessment, the court denied services to the mother in June 1999 and set a Welfare and…