In In re A.J.S., the Kansas Supreme Court overruled In re Baby Boy L., the first case to adopt the existing Indian family doctrine. Here is the court’s syllabus (thanks to Aliza for the tip):
1. The threshold question of whether the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq. (2000), applies to a termination of parental rights or adoption proceeding in Kansas raises a question of statutory interpretation or construction, i.e., a question of law over which an appellate court exercises unlimited review. The related question of whether common-law precedent set by In re Adoption of Baby Boy L., 231 Kan. 199, 643 P.2d 168 (1982), should stand is a question for the Kansas Supreme Court.
2. The Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., applies to Kansas proceedings to terminate the parental rights of an Indian child’s unmarried natural father, who is Indian, and to allow the child’s adoption by the unmarried natural mother’s family, who is non-Indian. The existing Indian family doctrine, first adopted in In re Adoption of Baby Boy L., 231 Kan. 199, 643 P.2d 168 (1982), is abandoned.
3. In a state child custody proceeding governed by the Indian Child Welfare Act, 25 U.S.C. § 1901 et seq., an affected tribe is permitted to intervene.
This is pretty huge and a great win for Indian Child Welfare Act supporters. Congrats to Indian Law profs like Patrice Kunesh and Lorie Graham, whose work was relied upon by the Kansas Supreme Court in realizing it was time to “retire” In re Baby Boy L. And of course to tireless advocates like Aliza Organick.
Turtle Talk 