In re W.B. Jr.
California Supreme Court
281 P.3d 906 (2012)
- Written by Meredith Hamilton Alley, JD
Facts
W.B. was an Indian child who was found to have committed serious crimes. Without giving notice to W.B.’s tribe pursuant to Indian Child Welfare Act (ICWA) procedures, the state juvenile court ordered W.B. to leave his family home to be confined in a facility that provided rehabilitative treatment. The purpose of W.B.’s confinement was rehabilitation; the juvenile court never contemplated termination of W.B.’s parents’ rights, and there were no allegations of neglect or abuse in the family home. After his confinement, W.B. returned to his family home. W.B. appealed the confinement order, arguing that ICWA applied to the proceedings and the court should have notified the tribe before removing W.B. from his home. The California Court of Appeal affirmed the juvenile court’s ruling, holding that W.B.’s matter was a delinquency matter and delinquency matters were exempt from ICWA. W.B. appealed again.
Rule of Law
Issue
Holding and Reasoning (Corrigan, J.)
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