Family
Oct. 7, 2015
Who is an 'Indian child'?
The California Supreme Court will soon wrestle with the question of whetherthe Indian Child Welfare Act applies to children prior to formal tribal enrollment.
A juvenile court assumes jurisdiction over two young children who have been removed from their mother's custody, placing them with their maternal grandmother. At a status conference, their biological father reveals that both he and the children are eligible for membership in the Cherokee Nation and that he plans to take steps to enroll. The children are not enrolled members, nor are they clearly "Indian children" under the definition used in the I...
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