Tag Archives: California Court of Appeals — Third District

Published Notice Case from California Court of Appeals [ICWA]

Here One might think, given that as of the end of July, California had more than 70 ICWA notice violation cases and in 41 one of them (fifty six percent of the time) the appellate court sent it back down … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

California COA Opinion in People ex rel. Becerra v. Native Wholesale Supply

Here: People ex rel Becerra v NWS Briefs: Appellant Brief State Answer Brief Reply

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , ,

Tribal Standing Issue in California Court of Appeals ICWA Decision

Here Mother next contends the juvenile court’s order granting the Tribe’s petitions for modification, and giving full faith and credit to an amended tribal customary adoption order, must be reversed because the Tribe did not have standing to file section … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

California COA Affirms Dismissal of Workers’ Comp. Challenge to Blue Lake Rancheria Business

Here is the opinion in American Cargo Express v. Superior Court: American Cargo Express v Superior Court

Posted in Author: Matthew L.M. Fletcher, economic development, Research | Tagged , , ,

California Court of Appeals Holds Contract Breach Claim Preempted by IGRA

Here is the opinion in Sharp Image Gaming v. Shingle Springs Band of Miwok Indians (Cal. Ct. App.). An excerpt: We conclude that IGRA preempts state contract actions based on unapproved “management contracts” and “collateral agreements to management contracts” as such agreements are … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Research | Tagged , , , | 1 Comment

California COA Affirms Authority of Governor to Concur in Two-Part Determination

Here is the opinion in United Auburn Indian Community v. Brown. Here is the unpublished opinion in Citizens for a Better Way v. Brown.

Posted in Author: Matthew L.M. Fletcher, IGRA, Research | Tagged , ,

Unpublished ICWA Related Opinion out of California

Here. There’s a fair amount going on in the description of this case (active efforts, involvement of the tribe, CA statutory tribal adoption), but we were interested in this near the end of the opinion: Mother relies on the tribal … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , ,

Unpublished ICWA Indian Custodian Case out of California

Here. The evidence that mother transferred custody of the minors to the paternal grandmother as an Indian custodian was equivocal and compromised. Although maternal grandmother took N.J. to the emergency room, she gave conflicting information regarding whether she had custody … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

California ICWA Decision on Placement Preferences and Standing

Here. Mother did not have standing to challenge a violation of placement preferences once her parental rights were terminated.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , ,

Unpublished California ICWA Case on Determining Child’s Tribe

Here. Grandmother argued child is Native Hawaiian and registered with OHA. Mother argued child is affiliated with Mooretown Rancheria. Mooretown Rancheria argued same. Lower and appellate courts held under a significant contacts discussion child is affiliated with Mooretown, and registration … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,