P.M. v. Super. Ct.
After we reversed the initial dispositional order due to inadequate Indian Child Welfare Act (ICWA) notices and remanded for proper notification, new notices were sent that were also inadequate. Although Turtle Mountain Band of Chippewa Indians (TMC) denied that the child was eligible for membership in response to both the initial and subsequent notices, all of these notices misidentified the childs Chippewa ancestor. TMC subsequently concluded that the child was eligible for membership, and TMC sought to intervene and to transfer jurisdiction to its tribal court. The juvenile court initially refused both requests. It found that the ICWA did not apply because the child was not a member of an existing Indian family. After parental rights were terminated following that finding, the parents again appealed. Court again reversed and remanded for compliance with the substantive provisions of the ICWA.
Comments on P.M. v. Super. Ct.