Legal Opinion
Marin County Department of Health & Human Services v. G.R.
California Court of Appeal
Decided August 13, 2009No. A122581PublishedCited by 14 opinions
1Opinion of the Court
*777Opinion
MARGULIES, J.
This appeal presents the issue of whether the Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.)1 (ICWA), applies when the minors’ presumed father in a juvenile dependency proceeding alleges that his adoptive father has one-quarter ancestry in a federally recognized Indian tribe. We hold that the ICWA notice provisions do apply in these circumstances, and conditionally reverse the juvenile court’s order terminating parental rights so that notice of the proceedings may be given to the tribe in question.
I. BACKGROUND
On June 7, 2007, the Marin County Department of…
2Cases cited5 opinions
- In re M.C.P.Supreme Court of Vermont · 1989
- In Re Junious M.California Court of Appeal · 1983
- Dwayne P. v. Superior CourtCalifornia Court of Appeal · 2002
- San Diego County Health & Human Services Agency v. Anthony V.California Court of Appeal · 2005
- In Re Vincent M.California Court of Appeal · 2007
3Cited by14 opinions
- Los Angeles County Department of Children & Family Services v. Ivy B.California Court of Appeal · 2011
- In The Interest of M.F.Supreme Court of Kansas · 2010
- Riverside County Department of Public Social Services v. S.H.California Court of Appeal · 2015
- San Diego Cnty. Health & Human Servs. Agency v. C.T. (In re C.A.), California Court of Appeal, 5th District2018
- In Re MfSupreme Court of Kansas · 2010
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