Without ‘Indian’ Children, Mother’s ICWA Claims Fail, Magistrate Judge Says

(December 1, 2022, 12:57 PM EST) -- FRESNO, Calif. — A mother lacks standing to challenge California’s removal of her three children from her custody under the Indian Child Welfare Act (ICWA) because she is not a parent of an “Indian child” as defined in the statute, a federal magistrate judge in the state held Nov. 30 in dismissing her petition for review for lack of subject matter jurisdiction....