In re People ex rel. L.L.

23 Citing cases

  1. People v. A.M. (In re E.R.)

    463 P.3d 872 (Colo. App. 2018)   Cited 3 times

    (2) Does ICWA apply to this child? People in Interest of L.L. , 2017 COA 38, ¶ 13, 395 P.3d 1209 ; Bureau of Indian Affairs, Guidelines for Implementing the Indian Child Welfare Act 9 (Dec. 2016), https://perma.cc/3TCH-8HQM (2016 Guidelines).

  2. People ex rel. E.A.M. v. D.R.M.

    2022 CO 42 (Colo. 2022)   Cited 1 times

    See e.g., M.M., ¶ 3, ___P.3d ___; People in Int. of S.B., 2020 COA 5, ¶¶ 13, 21, 459 P.3d 745, 748-49; M.V., ¶¶ 43-44, 432 P.3d at 636-37; People in Int. of I.B.-R., 2018 COA 75, ¶¶ 9-16, 439 P.2d 38, 41-42; People in Int. of L.H., 2018 COA 27, ¶¶ 9-12, 431 P.3d 663, 665-66; People in Int. of J.L., 2018 COA 11, ¶¶ 13-22, 428 P.3d 612, 615-16; People in Int. of K.G., 2017 COA 153, ¶¶ 19-26, 488 P.3d 304, 307-08; People in Interest of L.L., 2017 COA 38, ¶¶ 21, 47, 395 P.3d 1209, 1212-13, 1216. ¶57 Significantly, section 19-1-126(3) buttresses our holding.

  3. People ex rel. E.A.M. v. D.R.M.

    516 P.3d 924 (Colo. 2022)   Cited 2 times
    Holding that parent's belief that they have Native ancestors not sufficient reason to know

    And, correspondingly, to the extent that other divisions of the court of appeals have expressly or impliedly reached a contrary conclusion, we overrule those decisions.See e.g., M.M. , ¶ 3, ––– P.3d –––– ; People in Int. of S.B. , 2020 COA 5, ¶¶ 13, 21, 459 P.3d 745, 748–49 ; M.V. , ¶¶ 43–44, 432 P.3d at 636–37 ; People in Int. of I.B.-R. , 2018 COA 75, ¶¶ 9–16, 439 P.3d 38, 41–42 ; People in Int. of L.H. , 2018 COA 27, ¶¶ 9–12, 431 P.3d 663, 665–66 ; People in Int. of J.L. , 2018 COA 11, ¶¶ 13–22, 428 P.3d 612, 615–16 ; People in Int. of K.G. , 2017 COA 153, ¶¶ 19–26, 488 P.3d 304, 307–08 ; People in Interest of L.L. , 2017 COA 38, ¶¶ 21, 47, 395 P.3d 1209, 1212–13, 1216. ¶57

  4. People ex rel. M.M.

    517 P.3d 87 (Colo. App. 2022)   Cited 2 times

    To comply with ICWA's notice provisions, the court must confirm that the Department uses due diligence to identify and work with all tribes of which there is reason to know the child may be a member or eligible for membership and the child of a parent who is a member. 25 C.F.R. § 23.107(1)(b)(1) (2021) ; see also People in Interest of L.L. , 2017 COA 38, ¶ 25, 395 P.3d 1209. ¶ 15 The Department must directly notify each tribe by registered mail with return receipt requested of the pending child custody proceeding and its right to intervene.

  5. People ex rel. Jay.J.L.

    514 P.3d 312 (Colo. App. 2022)   Cited 4 times
    Explaining how the due diligence test as articulated by the division in A-J.A.B. I is inconsistent with section 19-1-126 because it "enumerate specific steps that a party must take to satisfy due diligence"

    The juvenile court must ask each participant on the record at the start of every child custody proceeding whether the participant knows or has reason to know that the child is an Indian child. 25 C.F.R. § 23.107(a) (2021) ; People in Interest of L.L. , 2017 COA 38, ¶ 19, 395 P.3d 1209. ¶ 21 For purposes of ICWA, an Indian child is an unmarried person under the age of eighteen who is either (1) a member of an Indian tribe or (2) eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.

  6. People ex rel. A-J.A.B.

    511 P.3d 750 (Colo. App. 2022)   Cited 5 times
    Concluding that the juvenile court did not have "reason to know" the child was an Indian child where the court received information "that the child may have Cherokee and Sioux heritage" but mother stated she was not a member of either tribe and there was no basis to believe the child had membership or eligibility for membership in either tribe

    Bureau of Indian Affairs, Guidelines for Implementing the Indian Child Welfare Act (Dec. 2016), https://perma.cc/3TCH-8HQM (2016 Guidelines); see also People in Interest of L.L. , 2017 COA 38, ¶ 16, 395 P.3d 1209 (noting that, although the BIA's guidelines are not binding, we consider them persuasive). ¶ 18 The 2016 Guidelines explain the purpose of the Federal ICWA statute.

  7. People ex rel. E.M.

    507 P.3d 113 (Colo. App. 2021)   Cited 6 times

    ¶ 7 If the court knows or has reason to know that an Indian child is involved in a child custody proceeding, including termination of parental rights, the petitioning party must provide notice to any identified Indian tribes. 25 U.S.C. § 1912(a) ; § 19-1-126(1)(b) ; see also People in Interest of L.L. , 2017 COA 38, ¶ 34, 395 P.3d 1209. To comply with ICWA's notice provisions, the Department must directly notify each tribe by registered mail with return receipt requested of the pending child custody proceeding and its right to intervene.

  8. People ex rel. O.S-H.

    503 P.3d 884 (Colo. App. 2021)   Cited 1 times

    First, is the proceeding a child-custody proceeding as defined by ICWA? See People in Interest of C.A. , 2017 COA 135, ¶ 8, 417 P.3d 909 ; see also People in Interest of L.L. , 2017 COA 38, ¶ 13, 395 P.3d 1209 ; 25 U.S.C. § 1903(1). Second, is the child an Indian child?

  9. People ex rel. MY.K.M.

    491 P.3d 495 (Colo. App. 2021)   Cited 3 times

    ¶25 First, mother contends that the Department did not meet its obligation to exercise due diligence to work with the Tribe to determine whether the children were Indian children. See People in Interest of L.L. , 2017 COA 38, ¶ 29, 395 P.3d 1209 (when there is reason to know a child may be an Indian child, the department must exercise due diligence to identify and work with relevant tribes); see also 2016 Guidelines at 11. But, as discussed above, the juvenile court already had sufficient information at the temporary custody hearing to determine that the children were Indian children.

  10. In re K.C.

    487 P.3d 1230 (Colo. App. 2020)   Cited 1 times

    B. ICWA Notice and Inquiry: Role of the Department ¶17 In People in Interest of L.L. , 2017 COA 38, ¶¶ 40-41, 395 P.3d 1209, a division of this court clarified and detailed the ICWA inquiry and notice responsibilities of the county department in dependency and neglect cases involving children who are members of or eligible for membership in a tribe. ¶18 As pertinent here, the division read ICWA and its 2016 Guidelines to require the department to confirm to the juvenile court that it used due diligence to identify and work with any tribes of which there was reason to know that a child may be a member or eligible for membership.