Zuni v. Chinle Family Court

OPINION

This case concerns an acceptance of jurisdiction by a Navajo family court over a child custody matter falling under the Indian Child Welfare Act. The Court concludes that the Chinle Family Court issued an invalid order accepting jurisdiction when it did not give notice and provide an opportunity for the state-appointed foster parent to be heard at a jurisdictional hearing. Based on this reasoning, the Court issues a permanent writ of prohibition.

II

This case began when the New Mexico Child, Youth and Family Services Department filed a neglect/abuse petition with the Second Judicial…