Turtle Talk

Here is the unpublished opinion in Pit River Tribe v. Superior Court. An excerpt:

Petitioner Pit River Tribe (the Tribe) seeks an extraordinary writ to vacate the order of the juvenile court at a postpermanency planning hearing (Welf. & Inst Code, § 366.28), at which it found good cause to deviate from the placement preferences set forth in the Indian Child Welfare Act (ICWA).  (25 U.S.C. § 1901 et seq.)  The Tribe contends the good cause finding was in error because there was a failure to comply with the ICWA’s notice and placement requirements.  Because the social services agency failed to use the services of the Tribe to secure a placement conforming to the ICWA placement preferences, failed to expeditiously evaluate the relatives recommended by the Tribe for placement, failed to assist in obtaining a criminal record exemption or adequately explain why it did not do so for one of the ICWA-compliant placement options, and failed to apply the Tribe’s social and cultural standards when assessing the relative’s home, we are compelled to agree.