Sacramento Cnty. Dep't of Child v. J.C. (In re A.W.)
251 Cal. Rptr. 3d 50
| Cal. Ct. App. 5th | 2019Background
- Minor (born 2015) was detained after parents' domestic violence; mother reported possible tribal affiliation through maternal grandfather (Picayune Rancheria of the Chukchansi Indians). The juvenile court ordered ICWA notice.
- County sent certified-mail ICWA notice before an initial February 9, 2016 hearing; the tribe's notice remained unclaimed and the court continued the matter to February 23. The County resent notice on February 23 (which the tribe received in March) but did not send notice of subsequent hearings.
- The court held jurisdiction/disposition on February 23, 2016, removed the child, and ordered reunification services; an ICWA-compliance hearing was held April 26, 2016 (tribe apparently not noticed for that hearing), and the court found ICWA did not apply.
- Child remained in foster placement with a potential adoptive parent; reunification services for mother were terminated; services for father were later terminated and a section 366.26 termination-of-rights hearing was set and held November 28, 2017.
- At the section 366.26 hearing the court found the child adoptable, rejected the beneficial-parental-relationship exception, and terminated parental rights. Parents appealed, arguing the beneficial-relationship exception applied and that ICWA notice procedures were not followed.
- The Court of Appeal affirmed the beneficial-relationship ruling but concluded ICWA notice procedures were violated: notice was inadequate and the court erred by finding ICWA inapplicable less than 60 days after the tribe received late notice and without ensuring the tribe had timely notice of hearings; reversal was conditioned on proper ICWA compliance.
Issues
| Issue | Parents' Argument | County's Argument | Held |
|---|---|---|---|
| Whether the juvenile court erred in finding the beneficial-parental-relationship exception inapplicable | Parents argued child had a significant, beneficial relationship with them that would outweigh adoption | County argued visits were inconsistent/missed and child was settled with foster parent; exception did not apply | Court affirmed: exception did not apply based on inconsistency of contact and child’s stronger bonding with prospective adoptive parent |
| Whether County and juvenile court complied with ICWA notice requirements | Parents argued County failed to give timely, adequate notice to the tribe and BIA and court proceeded improperly | County argued appeal or petition-for-invalidation remedies were exclusive and any error was harmless; challenged scope of notice duty | Court held notice and compliance were inadequate: tribe did not receive timely notice of hearings; court improperly found ICWA inapplicable without waiting required time; reversed conditionally for ICWA compliance |
| Whether non-Indian parents may raise ICWA notice/inquiry errors on appeal | Parents relied on precedent allowing appeal from termination orders | County argued appeal was improper and petition for invalidation was exclusive remedy; contested standing | Court held non-Indian parents have standing and appeal is appropriate; petition-for-invalidation is not an exclusive prerequisite |
| Whether failure to give timely ICWA notice was harmless | Parents said error prejudiced tribe’s ability to intervene | County claimed any defect was harmless | Court held error was not harmless given tribe later confirmed child and mother eligible and likely would have intervened; reversal required for proper notice |
Key Cases Cited
- In re Isaiah W., 1 Cal.5th 1 (2016) (ICWA inquiry/notice errors are continuing and may be raised at termination stage)
- In re Kahlen W., 233 Cal.App.3d 1414 (1991) (failure to comply with ICWA notice provisions is prejudicial error)
- In re Desiree F., 83 Cal.App.4th 460 (2000) (notice must be sent when there is reason to believe a child may be Indian and enables tribe to determine membership)
- In re Jonathon S., 129 Cal.App.4th 334 (2005) (non-Indian parent has standing to assert ICWA notice violation on appeal)
- In re Levi U., 78 Cal.App.4th 191 (2000) (ICWA purpose and tribal participation in dependency proceedings)
- Serrano v. Unruh, 32 Cal.3d 621 (1982) (remedial principles; courts should provide a remedy for statutory wrongs)