Legal Opinion

Mahaney v. Mahaney

Washington Supreme Court

Decided July 25, 2002No. 71022-8PublishedCited by 28 opinions

1Opinion of the CourtIreland, J.

— Petitioner Erika Mahaney, the non-Indian grandmother of two Indian children who have resided with her since 1992, seeks review of a Court of Appeals decision which reversed her nonparent custody award under chapter 26.10 RCW, finding that the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1963, requires a showing of present unfitness to continue placement out of the parent’s home and that the expert witnesses were unqualified due to a lack of culturally relevant training or experience. We disagree with the Court of Appeals’ interpretation of the *882ICWA and the Bureau of Indian…

2Cases cited14 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. Roberts v. Atlantic Richfield Co.Washington Supreme Court · 1977
  3. Canron, Inc. v. Federal InsuranceCourt of Appeals of Washington · 1996
  4. State v. RossWashington Supreme Court · 2000
  5. In Re the Appeal in Maricopa County Juvenile Action No. A-25525Court of Appeals of Arizona · 1983

9 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Department of Social & Health Services v. GilfillenCourt of Appeals of Washington · 2005
  2. In re the Welfare of L.N.B.-L.Court of Appeals of Washington · 2010
  3. Mecum v. Department of Social & Health ServicesCourt of Appeals of Washington · 2009
  4. In Re Dependency of JWHWashington Supreme Court · 2002
  5. Adoptive Couple v. Baby GirlSupreme Court of South Carolina · 2012

23 more not listed; retrieve them via the Exa API.

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