In the Matter of a Minor Child (L.J.Y. v. T.T.)

8 SWITCA 4, No. 92-008-FMTC (1997)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

In the Matter of a Minor Child (L.J.Y. v. T.T.)

Southwest Intertribal Court of Appeals for the Fort Mojave Tribe
8 SWITCA 4, No. 92-008-FMTC (1997)

Facts

L.J.Y., a woman who was a member of the Colorado River Indian Tribes, and T.T., a man who was a member of the Fort Mojave Tribe (the tribe), had a child who was also a member of the tribe. T.T. filed a petition in the Fort Mojave Tribal Court (tribal court) asking for custody to be taken from L.J.Y. and given to T.T. The petition did not allege abuse or neglect, but alleged that T.T. filed the petition for the welfare and safety of the child and that L.J.Y. had caused undue hardship to the child and T.T. At trial, the tribal court proceeded as if the tribe had filed a neglect petition against L.J.Y. and permitted T.T. and his mother to testify about L.J.Y.’s negligence. Without permitting L.J.Y. to be heard, the tribal court ordered the child to be removed from L.J.Y.’s custody. An employee of the Fort Mojave Social Services Department appeared and spontaneously recommended that the child be placed with T.T.’s mother and father. The tribal court announced that the Indian Child Welfare Act applied to the matter and entered a temporary custody order placing the child with T.T.’s mother and father, though none of the parties had so moved the court and the court did not make a finding in the best interests of the child. The father appealed. The child was still in the custody of T.T.’s mother and father when the matter reached the Southwest Intertribal Court of Appeals for the Fort Mojave Tribe.

Rule of Law

Issue

Holding and Reasoning ()

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership