Legal Opinion

Gila River Indian Community v. Department of Child Safety

Court of Appeals of Arizona

Decided August 11, 2016No. 1 CA-JV 16-0038PublishedCited by 1 opinion

1Opinion of the Court

OPINION

WINTHROP, Judge:

¶ 1 Following termination of the parental rights of the biological parents of AD., an Indian child and eligible member of the Gila River Indian Community (“the Communi*387ty”), the Community moved for an order transferring jurisdiction of the matter to its Children’s Court. The Maricopa County Juvenile Court denied the motion, and the Community appealed. We hold that 25 U.S.C. § 1911(b) of the Indian Child Welfare Act (“ICWA”),2 which the Community argues requires transfer, does not allow jurisdiction to be transferred after parental rights have been terminated.…

2Cases cited20 opinions

  1. Russello v. United StatesSupreme Court of the United States · 1983
  2. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  3. Zamora v. ReinsteinArizona Supreme Court · 1996
  4. Christensen v. Hennepin Transportation Co. Inc.Supreme Court of Minnesota · 1943
  5. Premier Bank v. BECKER DEVELOPMENT, LLCSupreme Court of Minnesota · 2010

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3Cited by1 opinion

  1. Gila River Indian Community v. Department of Child SafetyArizona Supreme Court · 2017

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