Guardianship of D.W.
221 Cal. App. 4th 242
| Cal. Ct. App. | 2013Background
- Guardianship of D.W., a minor, challenged ICWA notice and inquiry in a Sonoma County guardianship proceeding.
- Petitioner D.W. appeared pro per and claimed Native American ancestry (Yurok/Karuk) and sought return of the child to Native home.
- Respondent J.G. was appointed guardian of the minor; the court found ICWA did not apply at a hearing, proceeding as if the child was not Indian.
- The Karuk Tribe intervened in support of D.W.'s position, asserting lack of proper ICWA notice and intervention rights.
- The court proceeding eventually granted guardian status to J.G., but this appeal challenged those ICWA-notice issues, prompting a remand for ICWA-compliant proceedings.
- The appellate court held that the ICWA notice deficiencies were not waived and remanded for full ICWA compliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ICWA notice sufficiency to tribes? | D.W. (and Tribe) say notice to Karuk was deficient. | J.G. contends notice was sufficient or not properly challenged. | ICWA notice insufficient; remand for compliance. |
| Timeliness and reviewability of ICWA issue? | D.W. argues ICWA issue preserved for review despite timing. | J.G. argues appeal improper or untimely. | ICWA issue preserved; appeal not dismissed. |
| Who bears responsibility for ICWA notice in guardianship? | Appellant claimed the court must ensure notice to tribes. | Court or petitioner bears notification responsibility. | Notice duty improperly shifted; requires remand for proper notice. |
Key Cases Cited
- In re Samuel P., 99 Cal.App.4th 1259 (Cal. Ct. App. 2002) (tribal notice cannot be waived by parents; protects tribal interests)
- In re Desiree F., 83 Cal.App.4th 460 (Cal. Ct. App. 2000) (tribe rights to notice and intervention cannot be waived)
- In re Antoinette S., 104 Cal.App.4th 1401 (Cal. Ct. App. 2002) (notice rights protected; cannot be waived by failure to raise)
- In re Nikki R., 106 Cal.App.4th 844 (Cal. Ct. App. 2003) (tribe notice not waived by parent's failure to raise)
- Dwayne P. v. Superior Court, 103 Cal.App.4th 247 (Cal. Ct. App. 2002) (tribe intervention rights depend on proper notice)
- San Joaquin County Dept. of Child Support Services v. Winn, 163 Cal.App.4th 296 (Cal. Ct. App. 2008) (some ICWA determinations are not collateral; require further action)
- In re Junious M., 144 Cal.App.3d 786 (Cal. Ct. App. 1983) (tribal membership determination controls ICWA applicability)