Unpublished Active Efforts Case Out of California

Here. Whether the state has the obligation to assist in enrolling dad and child at in the Chickasaw Nation as an active efforts requirement. The California Rules of Court include that in their definition of active efforts:

We note that the California Supreme Court is currently reviewing the validity of California Rules of Court, rules 5.482(c) and 5.484(c) in In re Abbigail A. (2014) 226 Cal.App.4th 1450, review granted September 10, 2014, S220187. However, briefing and decision of the issue in this court and further potential review in the Supreme Court would significantly delay this matter, while stipulated reversal with directions will benefit R.P.’s interests more expeditiously. (In re Rashad H., supra, 78 Cal.App.4th at p. 380.)
Reversal is therefore appropriate given DPSS’s and the juvenile court’s failure to make active efforts to secure tribal membership for R.P. Although only mother appealed, the parental rights termination order must be reversed as to both mother and father. (In re Mary G. (2007) 151 Cal.App.4th 184, 208.)

NYTs Article on Soboba Band Conflicts

From the NYTs:

SAN JACINTO, Calif. — With 9 reservations and 10 casinos, Riverside County is a major center of Indian gambling in California.

But a standoff between county sheriff’s deputies and leaders of the Soboba Band of Luiseño Indians has led to an unusual effort to close one of the casinos because of safety concerns.

Three Soboba members were killed in gunfights with deputies on the reservation in May, and the authorities say tribal members have shot at deputies in patrol cars and helicopters with high-powered assault rifles over the past nine months.

In July, citing what it called heavy-handed treatment by the Sheriff’s Department, the tribe began requiring deputies entering the reservation to check in at a security gate and travel with an escort. Sheriff Stanley Sniff says the restrictions are illegal and has asked the National Indian Gaming Commission to close the Soboba casino and suspend the tribe’s gambling license.

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LA Times on Soboba Killings

From the LA Times. An excerpt:

San Jacinto Mayor Jim Ayres and the City Council asked the tribe to withdraw an application to annex more than 500 acres of land for a hotel and casino complex until the violence is quelled.

But Salgado, 65, is having none of it.

No one, he says, has the right to tell Indians how to run their sovereign nations.

“Why didn’t Stone come to me man to man and say that? And who is the mayor of San Jacinto to tell us what to do?” he asked. “Where were these people when we had nothing? Now that we are self-sufficient, it makes them fearful.”