216 Cal. App. 4th 1391
Cal. Ct. App.2013Background
- G.C., Sr. appeals a 2011 order terminating parental rights to the minor, arising from dependency proceedings started in 2004
- The Tribe (Tyme Maidu/Berry Creek) intervened and placement followed tribal preferences under ICWA
- Tribal customary adoption became operative July 1, 2010; the statute and court rules require tribal consultation for this option
- By December 2011 the social/ICWA expert reports and Tribe involvement addressed adoption, but father did not object to tribal-adoption procedures at the hearing
- Mother relinquished parental rights; Tribe withdrew its intervention after relinquishment; the juvenile court ordered adoption by the foster family
- This appeal centers on whether failure to address tribal customary adoption procedures is forfeited and whether any error was harmless
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of objection forfeits tribal-adoption procedures | G.C. argues failure to object forfeits the issue | Department contends forfeiture applies; errors harmless | Forfeiture applies; issues waived on appeal |
| If not forfeited, were the procedural errors harmless | Errors affected tribal-consultation findings and plan for tribal customary adoption | Harmless under ICWA policy and record shows tribe supported adoption by Cynthia N. | Harmless error; adoption upheld |
Key Cases Cited
- In re Casey D., 70 Cal.App.4th 38 (Cal. App. 1999) (forfeiture of procedural objections in dependency cases when not timely raised)
- In re Celine R., 31 Cal.4th 45 (Cal. 2003) (ICWA-related permanency planning considerations)
- In re Dennis H., 88 Cal.App.4th 94 (Cal. App. 2001) (general forfeiture doctrine in dependency proceedings)
- In re Riva M., 235 Cal.App.3d 403 (Cal. App. 1991) (forfeiture and procedural defects in dependency matters; impact on jurisdiction)
- In re Urayna L., 75 Cal.App.4th 883 (Cal. App. 1999) (forfeiture rule for inadequate adoption assessments)
- In re Lorenzo C., 54 Cal.App.4th 1330 (Cal. App. 1997) (twice-discussed forfeiture and findings in dependency cases)
- In re W.B., Jr., 55 Cal.4th 30 (Cal. 2012) (ICWA considerations; tribal ties and permanence)
- In re H.R., 208 Cal.App.4th 751 (Cal. App. 2012) (tribal customary adoption serves to preserve tribal ties without terminating parental rights)
- In re S.B., 130 Cal.App.4th 1148 (Cal. App. 2005) (state standards supplemental to ICWA; harmless-error standard)