2018 Ohio 931
Ohio Ct. App.2018Background
- C.J., Jr., born in Ohio in 2012, lived with Ohio foster parents (N.B. & S.B.) since January 2015 after Franklin County Children Services (FCCS) took temporary custody in a neglect/dependency case.
- Father (C.J., Sr.) reported Pima heritage; initial ICWA notice filings were flawed (wrong parent listed, wrong BIA office, and Interior requested more info that was not supplied).
- GRIC (Gila River Indian Community) later asserted father was an enrolled member and moved to intervene and transfer the case to tribal court; mother (S.R.) expressly objected to transfer.
- While the state juvenile proceedings were pending, GRIC obtained an ex parte tribal-court wardship order placing the child with relatives in Arizona.
- The Ohio juvenile court dismissed one state case as null for improper ICWA notice, then (in related filings) granted custody to GRIC/tribal social services and recognized the tribal order; the GAL appealed and emergency stays issued.
- The Ohio Court of Appeals reversed and remanded: it held the juvenile court erred in transferring jurisdiction and giving full faith and credit to the tribal ex parte order without (1) respecting the parental veto under 25 U.S.C. §1911(b), (2) making a good-cause/best-interests finding, and (3) ensuring tribal personal-jurisdiction and due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ohio court properly transferred jurisdiction to GRIC/tribal court under 25 U.S.C. §1911 | GAL: Transfer was improper because mother objected and court failed to find good cause; Ohio retains jurisdiction and must consider child’s best interests | GRIC: Tribe has jurisdiction (claimed exclusive or via wardship) and transfer was proper | Transfer was improper: mother’s objection is an absolute veto under §1911(b); court must analyze good cause/best interests before transfer |
| Whether Ohio court must give full faith and credit to the tribal ex parte wardship order | GAL: Tribal order was procured without notice, lacks tribal personal jurisdiction over non-resident parties, so full faith and credit improper | GRIC: Tribal court order should be given full faith and credit | Full faith and credit was improperly given: tribal court lacked minimum contacts/personal jurisdiction over non‑residents and the ex parte, no-notice proceeding deprived parties of due process |
| Whether the juvenile court could transfer custody to tribal social services/relatives without applying ICWA placement-preference exceptions | GAL: Court failed to assess good cause to deviate from ICWA placement preferences or the child’s best interests | GRIC: Placement preferences support placing the child with tribe/relatives | Court erred: no evidentiary finding of good cause or best-interests analysis to justify deviating from ICWA placement preferences (25 U.S.C. §1915) |
| Timeliness/substitution issues on appeal (mother’s appeal after death; GAL briefs) | GAL sought substitution and to proceed; argued due process/ineffective assistance justified relief | GRIC & father sought dismissal for untimeliness or lack of proper appellant status | Court allowed substitution for deceased mother’s appellant counsel in this court but dismissed mother’s own appeal as untimely; denied motions to strike GAL’s briefs |
Key Cases Cited
- Mathews v. Eldridge, 424 U.S. 319 (U.S. 1976) (framework for balancing procedural due-process requirements)
- International Shoe Co. v. Washington, 326 U.S. 310 (U.S. 1945) (minimum contacts test for personal jurisdiction)
- Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (U.S. 1989) (ICWA purpose and tribal interests in Indian child custody)
- In re B.C., 141 Ohio St.3d 55 (Ohio 2014) (delayed appeal rules and parental-rights termination appeals)