State Ex Rel. Children, Youth & Families Department v. Marlene C.
2011 NMSC 005
N.M.2011Background
- Mother is Navajo; Child Esther V. eligible for Navajo enrollment; CYFD removed Child via ex parte order after emergency petition alleging abuse/neglect; order granted CYFD custody and appointed GAL within minutes; custody hearing held within ten days; Mother stipulated to temporary CYFD custody pending adjudication; adjudicatory hearing held later; CYFD did not present necessary ICWA §1912(e) expert evidence at adjudication; Court of Appeals reversed, holding §1912(e) failed at adjudication stage; NM Supreme Court held ICWA §1912(d)-(e) findings must be made at adjudicatory hearing and remanded for new adjudicatory proceedings to address those findings with proper evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When must §1912(d) and (e) findings be made under NM law | Marlene C. argues findings must be at adjudication | CYFD argues findings can be at ex parte/custody stage or dispositional | Findings must be made at adjudicatory hearing |
| Does §1913 apply to involuntary proceedings when a parent stipulates to temporary custody | Mother’s stipulation does not convert to voluntary proceedings under §1913 | Stipulation could satisfy §1912 requirements early | §1913 does not apply to involuntary proceedings; findings must still be at adjudication |
| Is the dispositional stage appropriate for making §1912(d)-(e) findings | Findings could be addressed at disposition stage | Adjudicatory stage better aligns with due process and ICWA goals | Dispositional stage is unsatisfactory; findings must be at adjudication |
| What is the proper remedy when §1912(d)-(e) weren't addressed at adjudication | Reverse and remand for ICWA-compliant adjudication | Dismissal or new petition could be required | Reverse adjudication and remand for new adjudicatory hearing addressing §1912(d)-(e) with proper proof |
Key Cases Cited
- Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 930 (U.S. Supreme Court 1989) (ICWA remedial purpose; tribal interests; protection of Indian child)
- Kathleen D.C. (In re Damion M.C.), 141 N.M. 535, 157 P.3d 714 (N.M. 2007) (Due process in abuse/neglect proceedings; adjudicatory framework)
- Doe v. Mann, 415 F.3d 1038 (9th Cir. 2005) (§1913 applies to voluntary proceedings; not to involuntary)
- In re J.M., 1213 P.3d 1217 (Mont. 2009) (§1913(a) applicable to voluntary proceedings; not involuntary)
- In re Welfare of MG, 201 P.3d 354 (Wash. Ct. App. 2009) (Distinguishes voluntary vs involuntary proceedings)