Legal Opinion

Dept. of Human Services v. H. C. W.

Court of Appeals of Oregon

Decided May 5, 2021No. A174594PublishedCited by 1 opinion

1Opinion of the Court

102 Argued and submitted February 17, reversed and remanded May 5, 2021 In the Matter of N. C. H., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. H. C. W., Appellant. Josephine County Circuit Court 20JU01097; A174594

489 P3d 139

In this juvenile dependency case, mother appeals the trial court’s determi- nation that her child, N, is not an “Indian child,” as defined in 25 USC section 1903(4) and, thus, that the Indian Child Welfare Act (ICWA) does not govern the case. Mother is a descendant member of the Karuk tribe, which has two types of membership: descendancy and fully…

2Cases cited8 opinions

  1. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  2. Bostock v. Clayton CountySupreme Court of the United States · 2020
  3. Montana v. Blackfeet Tribe of IndiansSupreme Court of the United States · 1985
  4. Puerto Rico v. Franklin California Tax-Free TrustSupreme Court of the United States · 2016
  5. State Ex Rel Juvenile Department v. TuckerCourt of Appeals of Oregon · 1985

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3Cited by1 opinion

  1. Native Village of Chignik Lagoon v. State of Alaska, Department of Health & Social Services, Office of Children's Services, and Native Village of WalesAlaska Supreme Court · 2022

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