R.R. v. Sup. Ct., C060573
A juvenile's petition for a writ of mandate to compel the juvenile court to vacate its order refusing to apply ICWA is granted as, because ICWA sets the minimum standards for the protection of Indian children with respect to their tribal relationships, California law imposing a higher standard is not inconsistent with the purpose of the federal law, and is not preempted.
- Decided 12/17/2009
- Published 12/17/2009
- California Court of Appeal
- For Appellant:
- Paulino G. Duran, Public Defender, Arthur L. Bowie, Supervising Assistant Public Defender, Randi Barrat, Assistant Public Defender for Petitioner., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Charles A. French, Supervising Deputy Attorney General, Jeffrey D. Firestone, Deputy Attorney General, for Real Party in Interest.
- For Appellees:
- No appearance for Respondent.