Adoption of M.R.
The court held that a trial court may not terminate parental custody or approve an adoption of a child who may be an Indian child without first completing the mandatory Indian Child Welfare Act inquiry and.
Date Filed: October 26, 2022
Case Name: Adoption of M.R.
Case Number: C095856M
Court: California Court of Appeal, Third Appellate District
The Court holds that a trial court may not free a minor from parental custody or approve an adoption without first completing the mandatory Indian Child Welfare Act (ICWA) inquiry and entering explicit findings on the child’s Indian status. Accordingly, the appellate court conditionally reverses the judgment and remands the case for a thorough ICWA investigation and the required findings; the judgment will be reinstated only if the child is determined not to be an Indian child, otherwise a new trial proceeds under the ICWA. This decision reinforces that probate and family‑code proceedings in California must satisfy ICWA requirements whenever a child may be an Indian child, ensuring tribal interests are protected.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.