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.
Read R.R. v. Sup. Ct., No. C060573 [HTML]
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Appellate Information
Filed December 17, 2009
Judges
Opinion by Judge Blease
CounselFor Appellant: Paulino G. Duran, Public Defender, Arthur L. Bowie, Supervising Assistant Public Defender, Randi Barrat, Assistant Public Defender
For Appellee: 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
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