State ex rel. Juvenile Department v. England

This case requires us to interpret the Indian Child Welfare Act: 25 USC § 1901 et seq. (ICWA). The question presented is whether petitioner is an "Indian custodian” within the meaning of 25 USC § 1903(6), which provides:

" 'Indian custodian’ means any Indian person who has legal custody of an Indian child under tribal law or custom or under State law, or to whom temporary physical care, custody, and control has been transferred by the parent of such child; * *

Petitioner is the maternal aunt of Sonja Charloe, the child whose foster care placement is at issue. Two days after the birth of the…