Matter of Kody II. v. Shaunta JJ.

Summary

The New York Appellate Division, Third Department, held that the Indian Child Welfare Act did not apply to a custody dispute between the child's biological parents because the proceeding did not involve foster care, termination of parental rights, or another covered placement. The court determined that New York had jurisdictional priority under the Uniform Child Custody Jurisdiction and Enforcement Act because it was the child's home state and the Navajo Court's jurisdiction was not in substantial conformity with that Act. The court reversed the dismissal of the father's custody petition, reversed the temporary custody order entered without a hearing, reinstated the prior temporary custody arrangement, and remitted the matter for a full hearing before a different judge.

Holdings

1. ICWA did not apply because the proceeding involved competing custody petitions by the child's parents, not foster-care placement, termination of parental rights, preadoptive placement, adoptive placement, or governmental removal of the child from a parent.
2. New York had jurisdictional priority because it was the child's home state when the New York custody proceeding commenced, and the Navajo Court's jurisdictional assertion based solely on the child's Navajo status was not in substantial conformity with the UCCJEA.
3. Family Court erred by sua sponte transferring physical custody to the mother in a nonemergency situation without conducting a full fact-finding and best-interests hearing.

Questions Presented

1. Whether ICWA granted the Navajo Court exclusive jurisdiction over a custody dispute between the child's parents.
2. Whether the UCCJEA gave New York jurisdictional priority because New York was the child's home state and the Navajo proceeding was not in substantial conformity with the UCCJEA.
3. Whether Family Court could sua sponte transfer temporary physical custody from the father to the mother in a nonemergency situation without a full fact-finding or best-interests hearing.

Disposition

reversed_and_remanded