Mahaney v. Mahaney

Rebecca Johnston appeals the trial court’s denial of her request to return custody of her two children. Johnston had originally asked Erika Mahaney, the children’s paternal grandmother, to care for her children temporarily while she reoriented her life. But when Johnston asked for their return a year later, Mahaney refused and petitioned the court for custody, which the court ordered. Johnston argues on appeal that the trial court’s refusal to return her children, leaving them instead in Mahaney’s custody, violates the Indian Child Welfare Act of 1978 (ICWA). We agree and reverse.

FACTS

I.…