Siskiyou County Human Services/Adult & Children's Services Department v. Karuk Tribe
Opinion
lead Opinion
Sims, J.
Respondent Karuk Tribe of California (the Tribe) filed a petition to transfer this juvenile dependency proceeding from the Siskiyou County Juvenile Court to the Karuk Tribal Court pursuant to the Indian Child Welfare Act ( 25 U.S.C. § 1901 et seq. (ICWA); undesignated statutory references are to title 25 of the United States Code). The juvenile court issued an order granting the transfer.
On appeal, the Siskiyou County Human Services/Adult and Children’s Services Department (Department) contends the Tribe was not entitled to the transfer because its tribal court has not been approved by the Secretary of the United States Department of the Interior (Secretary). Because ICWA does not require the Secretary’s approval, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
R.A., the mother of minor M.A., has a history with the Department dating back to 1985. M.A. was bom in April 1992. In 1994, he was declared a dependent child of the court. In 1996, he was placed in guardianship with a maternal uncle. In 1998, the mother resumed custody and the guardianship was dismissed.
In June 1999, the present original dependency petition was filed. In 2001, M.A. was placed in…