Unpublished California ICWA Case on Determining Child’s Tribe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 with OHA doesn’t disturb the Mooretown affiliation for the application of ICWA.

Side note–Looks like California law doesn’t list the preference of the parent in the significant contacts determination. Cal. Welf. & Inst. Code 224.1(2). The updated Guidelines and proposed Regs both list preference of the parent first as allowable considerations. (B.4 (C)(1) & 23.109(c)(1)(i). Regardless, the outcome in this case is consistent with both.