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Justia Weekly Opinion Summaries

Native American Law
April 17, 2020

Table of Contents

In re Austin J.

Family Law, Native American Law

California Courts of Appeal

COVID-19 Updates: Law & Legal Resources Related to Coronavirus

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Native American Law Opinions

In re Austin J.

Court: California Courts of Appeal

Docket: B299564(Second Appellate District)

Opinion Date: April 15, 2020

Judge: Frances Rothschild

Areas of Law: Family Law, Native American Law

The Court of Appeal affirmed the juvenile court's jurisdictional and dispositional orders concerning seven of Mother's children. Leslie is the presumed father of the four older children and Edward is the presumed father of the three younger children. The court held that the juvenile court had subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). In this case, California was the children's home state for purposes of the UCCJEA, and thus California courts have jurisdiction to make an initial child custody determination. The court also held that the duties under the Indian Child Welfare Act of 1978 were not met with respect to Edward's side of the family, but were met with respect to Mother's and Leslie's side of the family.

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