In re A.T.

Summary

The California Court of Appeal affirmed dismissal of a dependency proceeding involving a child taken from Washington to California by the mother. The court held that the Indian Child Welfare Act did not apply because the child was placed with his nonoffending father, and that the juvenile court properly applied the Uniform Child Custody Jurisdiction and Enforcement Act in favor of the preexisting Washington family court proceedings.

Holdings

1. ICWA does not apply where an Indian child is removed from one parent and placed with the nonoffending parent, when neither the court nor the social-services agency pursued foster care, guardianship, termination, or adoptive placement.
2. Because ICWA did not govern the proceeding, the juvenile court properly applied the UCCJEA and dismissed the dependency action in favor of the Washington family court, which had continuing exclusive jurisdiction.
3. The juvenile court did not make a permanent custody award; Father’s custody arose from the existing Washington family court orders, and the California court merely terminated its emergency jurisdiction.

Questions Presented

1. Whether ICWA applied to the dependency proceeding when A.T. was removed from Mother's custody and placed with Father, the nonoffending parent.
2. Whether the juvenile court properly dismissed the dependency action under the UCCJEA in favor of the preexisting Washington family court proceedings.
3. Whether the juvenile court improperly made a permanent custody award or otherwise lacked authority to leave A.T. with Father after dismissing the dependency case.

Disposition

affirmed