Synopsis from Westlaw: County department of health and human services filed dependency petitions as to two children. The Superior Court, Sacramento County, Nos. JD232871 & JD232872, Paul L. Seave, J., directed counsel to make reasonable efforts to enroll the children and their father in a tribe which had notified the court that they were eligible for membership, concluded it was required to treat the eligible minors as Indian children under Indian Child Welfare Act (ICWA), but made jurisdictional findings and placed the children in the custody of their maternal grandmother.
Holding from Westlaw: The Court of Appeal, Butz, J., held that court rules extending ICWA protections to children merely eligible for tribal membership are invalid.
Reversed with directions.
Read the entire court decision at the National Indian Law Library website.