In re J.S. CA1/5

BACKGROUND

A.

The Act protects Native American children and promotes the stability and security of Native American tribes and families by establishing minimum standards for, and permitting tribal participation in, dependency actions. (25 U.S.C. § 1901 et seq.; In re Isaiah W. (2016) 1 Cal.5th 1, 7-8 (Isaiah W.).) When there is reason to believe a child in a dependency case is an “Indian child,” the Act requires that the child’s tribe be notified of the proceeding and its right to intervene. (25 U.S.C. § 1912(a); see also Welf. & Inst. Code, § 224.3, subd. (b).1) An “Indian child” is an unmarried person under age 18 who is a member of an Indian tribe or is eligible for membership and is the biological child of a member. (25 U.S.C. § 1903(4); see also In re Gabriel G. (2012) 206 Cal.App.4th 1160, 1166 (“A child may qualify as an Indian child . . . even if neither of the child’s parents is enrolled in the tribe.”) The required notice facilitates a determination of whether the child is an Indian child and allows the tribe an opportunity to intervene. (Isaiah W., supra, at p. 8.) When an Indian child is involved, the Act imposes certain procedural protections, including heightened…