This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves a mother, a member of the Navajo Nation, whose one-month-old child was removed from her custody after becoming homeless. The Indian Child Welfare Act (ICWA) applied to the child due to her Native American heritage. The Department of Children, Youth, and Families alleged neglect and sought custody of the child, while the mother denied the allegations and contested the Department's compliance with ICWA requirements (paras 2-3).
Procedural History
- District Court, August 21, 2007: The Department filed an abuse and neglect petition and obtained an ex parte custody order granting it legal and physical custody of the child (para 2).
- District Court, September 12, 2007: At a temporary custody hearing, the mother stipulated to the Department’s continued custody of the child (para 3).
- District Court, October-November 2007: Following an adjudicatory hearing, the court adjudicated the child as neglected by both parents and continued custody with the Department (para 3).
Parties' Submissions
- Appellant (Mother): Argued that the Department failed to meet ICWA requirements, specifically the active efforts and serious damage provisions under Section 1912(d) and (e). She contended that the district court did not make the necessary findings and that the Department’s evidence was insufficient (paras 4, 10).
- Respondent (Department): Asserted that the mother failed to preserve her ICWA challenges for appeal and that the district court made the required findings at the earliest opportunity. The Department argued that the mother’s initial consent to temporary custody satisfied ICWA requirements (paras 4, 13).
Legal Issues
- Whether the mother’s failure to raise ICWA violations at the adjudicatory hearing precluded her from challenging them on appeal.
- Whether the Department satisfied ICWA’s requirements for active efforts and qualified expert testimony to support the adjudication of neglect (paras 4, 10).
Disposition
- The Court of Appeals reversed the adjudication of neglect and remanded the case for further proceedings in compliance with ICWA (para 20).
Reasons
Per Castillo J. (Wechsler and Robles JJ. concurring):
Preservation of ICWA Challenges: The court held that under Section 1914 of ICWA, a parent may challenge violations of certain ICWA provisions at any time, even if not raised at the adjudicatory hearing. The statute imposes a duty on courts to apply ICWA regardless of the parties’ positions (paras 5-9).
ICWA Requirements: The court found that the Department failed to meet ICWA’s evidentiary standards. While the district court made findings regarding active efforts at the ex parte stage, it did not present qualified expert testimony to establish the serious damage requirement under Section 1912(e) at the adjudicatory hearing. The mother’s initial consent to temporary custody did not relieve the Department of its burden to meet ICWA requirements when custody was contested (paras 10-18).
Remand: The court emphasized that on remand, the district court must ensure compliance with ICWA and determine whether the mother should regain custody, considering the presumption in favor of a fit parent unless extraordinary circumstances exist (para 19).