Legal Opinion

Humboldt County Department of Health & Human Services v. Michael T.

California Court of Appeal

Decided August 28, 2007No. A115771Published

1Opinion of the Court

*901Opinion

NEEDHAM, J.

This appeal from an order transferring a case from a California juvenile court to an Indian tribal court pursuant to the Indian Child Welfare Act of 1978 (ICWA), title 25 United States Code section 1901 et seq., raises a question of first impression in California—does the transfer of a juvenile dependency case from state court to tribal court pursuant to title 25 United States Code section 1911(b) deprive the California courts of jurisdiction over the dependency case and thus preclude any appeal from the transfer order? We conclude that it does.

M.M. (Minor) appeals from an…

2Cases cited31 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. United States v. WheelerSupreme Court of the United States · 1978
  3. Montana v. United StatesSupreme Court of the United States · 1981
  4. McClanahan v. Arizona State Tax CommissionSupreme Court of the United States · 1973
  5. Heath v. AlabamaSupreme Court of the United States · 1985

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