Unpublished California ICWA Case on Determining Child’s Tribe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.

Motion Briefs in Nonmember Challenge to Mooretown Rancheria Development

Here are the materials in Robinson v. United States (E.D. Cal.):

US Motion to Dismiss Robinson Complaint

Robinson Opposition

US Reply Brief in Support of Motion to Dismiss

This case has already been dismissed before, see here.

Robinson v. U.S. — Easement Holder Challenge to Tribal Trust Lands Dismissed

Here are the materials:

DCT Order Dismissing Robinson Complaint

USA Motion to Dismiss Robinson Complaint

Robinson Opposition

USA Reply to Robinson

This case is on remand from the Ninth Circuit (materials here).